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THE     CAPITOL 


A  COMPILATION 


MESSAGES  AND  PAPERS 


PRESIDENTS 


789-1897 


PUBLISHED    BY    AUTHORITY    OF    CONGRESS 


JAMES  D.  RICHARDSON 

A  Representative  prom  the  State  of  Tennessee 


VOLUME  I 


WASHINGTON 

GOVERNMENT  PRINTING  OFFICE 

1896 


College 
Library 

Resolution  Authorizing  the  Compilation 


Joint  Committee  on  Printing, 

United  States  Senate, 

Washington,  D.  C,  August  20,  i8g^. 

Hon.  James  D,  Richardson, 

House  of  Representatives. 

Sir:  I  am  directed  by  Senator  Gorman,  the  Chairman  of  the  Joint 

Committee  on  Printing,  to  transmit  to  you  the  accompanying  resohition, 

adopted  by  the  Joint  Committee  this  day  and  entered  upon  its  journal. 

Very  respectfully, 

F.   M.  Cox, 

Clerk  Joint  Committee  on  Printing. 

Whereas  Congress  has  passed  the  following  resolution,  to  wit: 

Resolved  by  the  House  of  Representatives,  tlie  Senate  concurring,  That  there  be 
printed  and  bound  in  cloth  six  thousand  copies  of  the  complete  compilation  of  all 
the  annual,  special,  and  veto  messages,  proclamations,  and  inaugural  addresses  of 
the  Presidents  of  the  United  States  from  1789  to  1894,*  inclusive,  two  thousand  copies 
for  the  use  of  the  Senate  and  four  thousand  copies  for  the  use  of  the  House.  The 
work  shall  be  performed  under  the  direction  of  the  Joint  Committee  on  Printing: 

Therefore,  resolved  by  the  Joint  Committee  on  Printing,  That  Hon.  James 
D.  Richardson  be,  and  he  is  hereby,  authorized  and  requested  to  take 
charge  of  the  work  contemplated  in  .said  resolution,  and  prepare,  compile, 
and  edit  .same.  He  is  given  full  power  and  discretion  to  do  this  work  for 
and  on  behalf  of  this  Committee. 

•Extended  by  resolution  to  March  3;  1897. 


870306 


Prefatory  Note 


In  compliance  with  the  authorization  of  the  Joint  Committee  on 
Printing,  I  have  undertaken  this  compilation. 

The  messages  of  the  several  Presidents  of  the  United  States — annual, 
veto,  and  special — are  among  the  most  interesting,  instructive,  and  val- 
uable contributions  to  the  public  literature  of  our  Republic.  They  dis- 
cuss from  the  loftiest  standpoint  nearly  all  the  great  questions  of  national 
policy  and  many  subjects  of  minor  interest  which  have  engaged  the  atten- 
tion of  the  people  from  the  beginning  of  our  history,  and  so  constitute 
important  and  often  vital  links  in  their  progressive  development.  The 
proclamations,  also,  contain  matter  and  sentiment  no  less  elevating,  inter- 
esting, and  important.  They  inspire  to  the  highest  and  most  exalted 
degree  the  patriotic  fervor  and  love  of  country  in  the  hearts  of  the 
people. 

It  is  believed  that  legislators  and  other  public  men,  students  of  our 
national  history,  and  many  others  will  hail  with  satisfaction  the  com- 
pilation and  publication  of  these  messages  and  proclamations  in  such 
compact  form  as  will  render  them  easily  accessible  and  of  ready  refer- 
ence. The  work  can  not  fail  to  be  exceedingly  convenient  and  useful 
to  all  who  have  occasion  to  consult  these  documents.  The  Government 
has  never  heretofore  authorized  a  like  publication. 

In  executing  the  commission  with  which  I  have  been  charged  I  have 
sought  to  bring  together  in  the  several  volumes  of  the  series  all  Presi- 
dential proclamations,  addresses,  messages,  and  communications  to  Con- 
gress excepting  those  nominating  persons  to  office  and  those  which 
simply  transmit  treaties,  and  reports  of  heads  of  Departments  which  con- 
tain no  recommendation  from  the  Executive.  The  utmost  effort  has 
been  made  to  render  the  compilation  accurate  and  exhaustive. 

Although  not  required  by  the  terms  of  the  resolution  authorizing  the 
compilation,  it  has  been  deemed  wise  and  wholly  consistent  with  its  pur- 
pose to  incorporate  in  the  first  volume  authentic  copies  of  the  Declaration 

V 


VI  Messages  and  Papers  of  the  Presidents 

of  Independence,  the  Articles  of  Confederation,  and  the  Constitution  of 
the  United  States,  together  vAWv  steel  engravings  of  the  Capitol,  the 
Executive  Mansion,  and  of  the  historical  painting  the  "Signing  of  the 
Declaration  of  Independence. ' '  Steel  portraits  of  the  Presidents  will  be 
inserted  each  in  its  appropriate  place. 

The  compilation  has  not  been  brought  even  to  its  present  stage  with- 
out much  labor  and  close  application,  and  the  end  is  far  from  view;  but 
if  it  shall  prove  satisfactory  to  Congress  and  the  country,  I  will  feel  com- 
pensated for  my  time  and  effort. 

JAMES  D.  RICHARDSON. 
Washington,  D.  C, 

February  22,  i8g6. 


Contents  of  Volume  I 


Page. 

Resolution  Authorizing  the  Compilation iii 

Prkfatory  Note v-vi 

Declaration  of  Independence i-6 

Articles  of  Confederation 7-18 

The  Constitution 19-38 

GEORGE  WASHINGTON  (First  TERM),  1789-1793 

Portrait • 40 

Biographical  Sketch 41 

Proceedings  Initiatory  to  the  First  Presidential  Inauguration.  .  42-51 

First  Inaugural  Address 51-54 

Address  of  the  Senate  in  Reply 54-55 

Reply  of  the  President 55 

Address  of  the  House  of  Representatives  in  Reply 5^57 

Reply  of  the  President 57 

Special  Messages 57-63 

Proclamation 64 

First  Annual  Address 65-67 

Address  of  the  Senate  in  Reply 67-68 

Reply  of  the  Prkisident. 6S 

Address  of  the  House  of  Representatives  in  Reply 69-70 

Reply  of  the  President 70 

Special  Me.ssages , 70-80 

Proclamations 80-81 

Second  Annual  Address 81-84 

Addrf,ss  of  the  vSenate  in  Reply 84-85 

Reply  of  the  Prf;sident 85 

Address  of  the  House  of  Representatives  in  Reply 85-87 

Reply  of  the  President 87 

Special  Messages 87-99 

Proclamations 100-103 

Third  Annual  Address 103-108 

Address  of  the  Senate  in  Reply 108-109 

Reply  of  the  President 109 

Address  of  the  House  of  Representatives  in  Reply 109-110 

Reply  of  the  President 110 

Special  Messages 110-123 

Veto  Message 124 

Proclamation 124-125 

VII 


VIII  Messages  and  Papers  of  the  Presidents 

Page. 

Fourth  Annual  Address 125-129 

Address  of  the  Senate  in  Reply 130 

Reply  of  the  President 131 

Address  of  the  House  of  Representatives  in  Reply 131-132 

Reply  of  the  President 132 

Special  Messages 133-137 

Proclamations 137-138 

GEORGE  WASHINGTON  (SECOND  Term),  1793-1797 

Second  Inaugural  Address 138 

Fifth  Annual  Address 138-142 

Address  of  the  Senate  in  Reply 142-143 

Reply  of  the  President 143 

Address  of  the  House  of  Representatives  in  Reply 144-145 

Reply  of  the  President 145 

Special  Messages 145-156 

Proclamations 156-162 

Sixth  Annual  Address 162-168 

Address  of  the  Senate  in  Reply 168-169 

Reply  of  the  President 169-170 

Address  of  the  House  of  Representatives  in  Reply 170-171 

Reply  of  the  President 171-172 

Special  Messages 172-179 

Proclamations 179-181 

Seventh  Annual  Address 182-186 

Address  of  the  Senate  in  Reply 186-187 

Reply  of  the  President 187 

Address  of  the  House  of  Representatives  in  Reply 187-188 

Reply  of  the  President ; 188-189 

Special  Messages 189-198 

Eighth  Annual  Address 199-204 

Address  of  the  Senate  in  Reply 204-206 

Reply  of  the  President 207 

Address  of  the  House  of  Representatives  in  Reply 207-209 

Reply  of  the  President 209-210 

Special  Messages 210-211 

Veto  Message 211-212 

Proclamation .' 212 

Farewell  Address 2 13-224 

JOHN  ADAMS,  1797-1801 

Portrait 226 

Biographical  Sketch 227 

Inaugural  Address 228-232 

Proclamation 232-233 

Special  Session  Message 233-239 

Address  of  the  Senate  in  Reply 239-242 

Reply  of  the  President 242 

Address  of  the  House  of  Representatives  in  Reply 242-244 

Reply  of  the  President 244-245 

Special  Messages 245-248 

Proclamation 249 


Contents  of  Volume  I  IX 

Page. 

First  Annuai,  Address — : 250-254 

Address  of  the  Senate  in  Repi,y 254-256 

Reply  of  the  President 256 

Address  of  the  House  of  Representatives  in  Reply 257-258 

Reply  of  the  President 258 

Special  Messages 259-268 

Proclamations 26S-271 

Second  Annual  Address 271-275 

Address  of  the  Senate  in  Reply 275-277 

Reply  of  the  President 277 

Address  of  the  House  of  Representatives  in  Reply 277-279 

Reply  of  the  President 280 

Special  Messages 280-284 

Proclamations 284-289 

Third  Annual  Address 289-292 

Address  of  the  Senate  in  Reply 292-293 

Reply  of  the  President 293 

Address  of  the  House  of  Representatives  in  Reply 293-296 

Reply  of  the  President 296-297 

Special  Messages 297-302 

Proclamations 302-305 

Fourth  Annual  Address 305-308 

Address  of  the  Senate  in  Reply 308-309 

Reply  of  the  President 309-310 

Address  of  the  House  of  Representatives  in  Reply 310-312 

Reply  of  the  President 312-313 

Special  Messages 313-315 

Proclamation 316 


THOMAS  JEFFERSON  (PirstTerm),  1801-1805 

Portrait 318 

Biographical  Sketch 319-320 

Notification  of  Election 320 

Letter  from  the  President  elect  (fixing  time  and  place  for  taking 

oath  of  office) 321 

First  Inaugural  Address 321-324 

Proclamation ^ 324-325 

Notification  to  Congress  op  Discontinuance  of  Addresses 325 

First  Annual  Message 326-332 

Special  Messages 332-342 

Second  Annual  Message 342-346 

Special  Messages 346-357 

Proclamation 357 

Third  Annual  Message 357-362 

Special  Messages 362-368 

Proclamation 369 

Fourth  Annual  Message 369-373 

Special  Mf.ssages 373-378 


X  Messages  and  Papers  of  the  Presidents 

THOMAS  JEFFERSON  (SECOND  Term),  1805-1809 

Pajje. 

Second  Inaugurai,  Address 378-382 

Fifth  Annual  Message 382-388 

Special  Messages 388-402 

Prociw^mations 402-405 

Sixth  Annuai.  Message 405-410 

Special  Messaged 41 1-42 1 

Proclamations 422-425 

Seventh  Annual  Message 425-430 

Special  Messages 430-450 

Proclamation 450-451 

Eighth  Annual  Message 45 1-456 

Special  Messages 457-461 

Proclamation 461 

JAMES  MADISON  (FiKST  Term),  1800-1813 

Portrait 464 

Biographical  Sketch 465 

Letter  from  the  President  elect  (fixing  time  and  place  for  taking 

oath  of  office) 466 

First  Inaugural  Address 466-468 

Special  Session  Message 468-471 

Special  Messages 471-472 

Proclamations 472-473 

First  Annual  Message - 473-477 

Special  Messages 477-480 

Proclamations 480-482 

Second  Annual  Message , 482-4S7 

Special  Messages 487-489 

Veto  Mf,ssages 489-490 

Proclamation 491 

Third  Annual  Message 491-496 

Special  Messagf^ 496-5 10 

Veto  Message 511 

Proclamations 51 2-5 14 

Fourth  Annual  Message 514-521 

Special  Messaged 521-523 

Veto  Message 523 

JAMES  MADISON  (SECOND  Term),  1813-1817 
Second  Inaugural  Addrf,ss 524-526 

Special  Session  Message 526-530 

Special  Messages 530-532 

Proclamation 532-533 

Fifth  Annual  Message 534-54° 

Special  Messages 540-543 

Proclamations 543-546 


Contents  of  Volume  I  xi 

Page. 
SpECIAI,  Message  (notification  that  meeting  place  for  Congress  had  been 

provided ) 546 

Sixth  Annuai,  Message 547-551 

Special  Messages 551-555 

Veto  Message 555-557 

Proclamations 55^562 

Seventh  Annuai.  Message 562-569 

Speciai.  Messages 569-572 

ProcIvAmations 572-573 

Eighth  Annual  Message 573-580 

Special  Messages 580-584 

Veto  Message 584-585 

Proclamation 586 

Errata 587 


Illustrations 


Page. 

United  States  Capitol Frontispiece. 

Executive  Mansion ii 

Signing  of  the  Decl,aration  of  Independence 2 

George  Washington 40 

John  Adams 226 

Thomas  Jefferson 318 

James  Madison 464 


Declaration  of  Independence 

July  4,  1776 


Declaration  of  Independence 

In  congress,  July  4,  1776. 

'Solicit  in  the  Course  of  human  events,  it  becomes  necessary  for  one 
people  to  dissolve  the  political  bands  which  have  connected  them  with 
another,  and  to  assume  among  the  powers  of  the  earth,  the  separate  and 
equal  station  to  which  the  I^aws  of  Nature  and  of  Nature's  God  entitle 
them,  a  decent  respect  to  the  opinions  of  mankind  requires  that  they 
should  declare  the  causes  which  impel  them  to  the  separation. — We 
hold  these  truths  to  be  self-evident,  that  all  men  are  created  equal,  that 
they  are  endowed  by  their  Creator  with  certain  imalienable  Rights,  that 
among  these  are  Life,  Liberty  and  the  pursuit  of  Happiness. — That  to 
secure  these  rights,  Governments  are  instituted  among  Men,  deriving 
their  just  powers  from  the  consent  of  the  governed, — That  whenever  any 
Form  of  Government  becomes  destructive  of  these  ends,  it  is  the  Right 
of  the  People  to  alter  or  to  abolish  it,  and  to  institute  new  Government, 
laying  its  foundation  on  such  principles  and  organizing  its  powers  in  such 
form,  as  to  them  shall  seem  most  likely  to  effect  their  Safety  and  Happi- 
ness. Prudence,  indeed,  will  dictate  that  Governments  long  established 
should  not  be  changed  for  light  and  transient  causes;  and  accordingly 
all  experience  hath  shewn,  that  mankind  are  more  disposed  to  suffer, 
while  evils  are  sufferable,  than  to  right  themselves  by  abolishing  the 
forms  to  which  they  are  accustomed.  But  when  a  long  train  of  abuses 
and  usurpations,  pursuing  invariably  the  same  Object  evinces  a  design 
to  reduce  them  under  absolute  Despotism,  it  is  their  right,  it  is  their 
duty,  to  throw  off  such  Government,  and  to  provide  new  Guards  for  their 
future  security. — Such  has  been  the  patient  sufferance  of  these  Colonies; 
and  such  is  now  the  necessity  which  constrains  them  to  alter  their 
former  Systems  of  Government.  The  history  of  the  present  King  of 
Great  Britain  is  a  history  of  repeated  injuries  and  usurpations,  all 
having  in  direct  object  the  establishment  of  an  absolute  Tyranny  over 

Note.— The  words  "  Declaration  of  Independence  "  do  not  appear  on  the  original. 


4  Messages  and  Papers  of  the  Presidents 

these  States.  To  prove  this,  let  Facts  be  submitted  to  a  candid  world. — 
He  has  refused  his  Assent  to  Laws,  the  most  wholesome  and  necessary 
for  the  public  good. — He  has  forbidden  his  Governors  to  pass  I,aws  of 
immediate  and  pressing  importance,  unless  suspended  in  their  operation 
till  his  Assent  should  be  obtained;  and  when  so  suspended,  he  has 
utterly  neglected  to  attend  to  them, — He  has  refused  to  pass  other  Laws 
for  the  accommodation  of  large  districts  of  people,  unless  those  people 
would  relinquish  the  right  of  Representation  in  the  Legislature,  a  right 
inestimable  to  them  and  formidable  to  tyrants  ovXy. — He  has  called 
together  legislative  bodies  at  places  unusual,  uncomfortable,  and  distant 
from  the  depository  of  their  public  Records,  for  the  sole  purpose  of 
fatiguing  them  into  compliance  with  his  measures. — He  has  dissolved 

en 

Represtative  Houses  repeatedly,  for  opposing  with  manly  firmness  his 
invasions  on  the  rights  of  the  people. — He  has  refused  for  a  long  time, 
after  such  dissolutions,  to  cause  others  to  be  elected;  whereby  the  Legis- 
lative powers,  incapable  of  Annihilation,  have  returned  to  the  People  at 
large  for  their  exercise;  the  State  remaining  in  the  mean  time  exposed 
to  all  the  dangers  of  invasion  from  without,  and  convulsions  within. — 
He  has  endeavoured  to  prevent  the  population  of  these  States;  for  that 
purpose  obstructing  the  Laws  for  Naturalization  of  Foreigners;  refus- 
ing to  pass  others  to  encourage  their  migrations  hither,  and  raising 
the  conditions  of  new  Appropriations  of  Lands. — He  has  obstructed 
the  Administration  of  Justice,  by  refusing  his  Assent  to  Laws  for  estab- 
lishing Judiciary  powers. — He  has  made  Judges  dependent  on  his  Will 
alone,  for  the  tenure  of  their  oflfices,  and  the  amount  and  payment  of 
their  salaries. — He  has  erected  a  multitude  of  New  Offices,  and  sent 
hither  swarms  of  Officers  to  harrass  our  people,  and  eat  out  their  sub- 
stance.— He  has  kept  among  us,  in  times  of  peace.  Standing  Armies 
without  the  Consent  of  our  legislatures. — ^He  has  affected  to  render  the 
Military  independent  of  and  superior  to  the  Civil  power. — He  has  com- 
bined with  others  to  subject  us  to  a  jurisdiction  foreign  to  our  consti- 
tution, and  unacknowledged  by  our  laws;  giving  his  Assent  to  their 
Acts  of  pretended  Legislation; — For  quartering  large  bodies  of  armed 
troops  among  us: — For  protecting  them,  by  a  mock  Trial,  from  punish- 
ment for  any  Murders  which  they  should  commit  on  the  Inhabitants  of 
these  States: — For  cutting  off  our  Trade  with  all  parts  of  the  world: — 
For  imposing  Taxes  on  us  ^vithout  our  Consent: — For  depriving  us  in 
many  cases,  of  the  benefits  of  Trial  by  Jury: — For  transporting  us  beyond 
Seas  to  be  tried  for  pretended  offences: — For  abolishing  the  free  System 


Declaration  of  Independence  5 

of  English  Laws  in  a  neighbouring  Province,  establishing  therein  an 
Arbitrary  government,  and  enlarging  its  Boundaries  so  as  to  render  it  at 
once  an  example  and  fit  instrument  for  introducing  the  same  absolute 
rule  into  these  Colonies: — For  taking  away  our  Charters,  abolishing  our 
most  valuable  Laws,  and  altering  fundamentally  the  Forms  of  our  Gov- 
ernments:— For  suspending  our  own  Legislatures,  and  declaring  them- 
selves invested  with  power  to  legislate  for  us  in  all  cases  whatsoever. — 
He  has  abdicated  Government  here,  by  declaring  us  out  of  his  Protection 
and  waging  War  against  us. — He  has  plundered  our  seas,  ravaged  our 
Coasts,  burnt  our  towns,  and  destroyed  the  Lives  of  our  people. — He  is 
at  this  time  transporting  large  Armies  of  foreign  Mercenaries  to  compleat 
the  works  of  death,  desolation  and  tyranny,  already  begun  with  circum- 
stances of  Cruelty  &  perfidy  scarcely  paralleled  in  the  most  barbarous 
ages,  and  totally  unworthy  the  Head  of  a  civilized  nation. — He  has 
constrained  our  fellow  Citizens  taken  Captive  on  the  high  Seas  to  bear 
Arms  against  their  Country,  to  become  the  executioners  of  their  friends 
and  Brethren,  or  to  fall  themselves  by  their  Hands. — He  has  excited 
domestic  insurrections  amongst  us,  and  has  endeavoured  to  bring  on  the 
inhabitants  of  our  frontiers,  the  merciless  Indian  Savages,  whose  known 
rule  of  warfare,  is  an  undistinguished  destruction  of  all  ages,  sexes  and 
conditions.     In  every  stage  of  these  Oppressions  We  have  Petitioned  for 

Redress  in  the  most  humble  terms:  Our  repeated  Petitions  have  been 

only- 
answered  .by  repeated  injury.     A  Prince,  whose  character  is  thus  marked 

by  every  act  which  may  define  a  Tyrant,  is  unfit  to  be  the  ruler  of  a 
free  people.  Nor  have  We  been  wanting  in  attentions  to  our  Brittish 
brethren.  We  have  warned  them  from  time  to  time  of  attempts  by 
their  legislature  to  extend  an  unwarrantable  jurisdiction  over  us.  We 
have  reminded  them  of  the  circumstances  of  our  emigration  and  settle- 
ment here.  We  have  appealed  to  their  native  justice  and  magnanimity, 
and  we  have  conjured  them  by  the  ties  of  our  common  kindred  to 
disavow  these  usurpations,  which,  would  inevitably  interrupt  our  con- 
nections and  correspondence  They  too  have  been  deaf  to  the  voice 
of  justice  and  of  consanguinity.  We  must,  therefore,  acquiesce  in  the 
necessity,  which  denounces  our  Separation,  and  hold  them,  as  we  hold 
the  rest  of  mankind,  Enemies  in  War,  in  Peace  Friends. — 

*30|je,  \\iZXZt(XtZ,  the  Representatives  of  the  tttXltejd  .Statjes  at 
JinXJetJijCa,  in  General  Congress,  Assembled,  appealing  to  the  Supreme 
Judge  of  the  world  for  the  rectitude  of  our  intentions,  do,  in  the  Name, 
and  by  Authority  of  the  good  People  of  these  Colonies,  solemnly  pub- 


Messages  and  Papers  of  the  Presidents 


lish  and  declare,  That  these  United  Colonies  are,  and  of  Right  ought  to 
be  '^XZZ  and  gndjepjetxdettt  .States;  that  they  are  Absolved  from 
all  Allegiance  to  the  British  CrouTi,  and  that  all  political  connection 
between  them  and  the  State  of  Great  Britain,  is  and  ought  to  be  totally 
dissolved;  and  that  as  Free  and  Independent  States,  they  have  full 
Power  to  levy  War,  conclude  Peace,  contract  Alliances,  establish  Com- 
merce, and  to  do  all  other  Acts  and  Things  which  Independent  States 
may  of  right  do. — And  for  the  support  of  this  Declaration,  with  a  firm 
reliance  on  the  protection  of  divine  Providence,  we  mutually  pledge  to 
each  other  our  Lives,  our  Fortunes  and  our  sacred  Honor. 


JosiAH  Bartlett 
W^  Whipple 
Sam^  Adams 
John  Adams 
Rob''^  Treat  Paine 
Elbridge  Gerry 
Step.  Hopkins 
William  Ellery 
Roger  Sherman 
Sam^^  Huntington 
W^  Williams 
Oliver  Wolcott 
Matthew  Thornton 
W**  Floyd 
Phil.  Livingston 
Fran^  Lewis 
Lewis  Morris 
Rich^  Stockton 
Jno  Witherspoon 
Fra®  Hopkinson 
John  Hart 
Abra  Clark 
RoB*^  Morris 
Benjamin  Rush 
Benj^  Franklin 
John  Morton 
Geo  Clymer 
Ja^  Smith. 


JOHN   HANCOCK 
Geo.  Taylor 
James  Wilson 
Geo.  Ross 
C^SAR  Rodney 
Geo  Read 
Tho  M:Kean 
Samuel  Chase 
W^^  Paca 
Tho*^  Stone 

Charles  Carroll  of  Carrollton 
George  Wythe 
Richard  Henry  Lee. 
Th  Jefferson 
Benj^  Harrison 
Tho®  Nelson  jr. 
Francis  Lightfoot  Lee 
Carter  Braxton 
W^  Hooper 
Joseph  Hewes, 
John  Penn 
Edward  Rutledge. 
Tho®  Heyward  Jun*" 
Thomas  Lynch  Jun*" 
Arthur  Middleton 
Button  Gwinnett 
Lyman  Hall 
Geo  Walton. 


Articles  of  Confederation 


Articles  of  Confederation 


^O  alX  t0  WJtxOtrt  these  Presents  shall  come,  we  the  undersigned  Dele- 
gates of  the  States  affixed  to  our  Names  send  greeting.  Whereas  the 
Delegates  of  the  United  States  of  America  in  Congress  assembled  did  on 
the  fifteenth  day  of  November  in  the  Year  of  our  Lord  One  Thousand 
Seven  Hundred  and  Seventy  seven,  and  in  the  Second  Year  of  the  Inde- 
pendence of  America  agree  to  certain  articles  of  Confederation  and  per- 
petual Union  between  the  States  of  Newhampshire,  Massachusetts-bay, 
Rhodeisland  and  Providence  Plantations,  Connecticut,  New  York,  New 
Jersey,  Pennsylvania,  Delaware,  Maryland,  Virginia,  North-Carolina, 
South- Carolina  and  Georgia  in  the  Words  following,  viz.  "Articles  of 
Confederation  and  perpetual  Union  between  the  states  of  Newhamp- 
shire, Massachusetts-bay,  Rhodeisland  and  Providence  Plantations,  Con- 
necticut, New- York,  New-Jersey,  Pennsylvania,  Delaware,  Maryland, 
Virginia,  North-Carolina,  South-CaroUna  and  Georgia. 

Article  I.  The  Stile  of  this  confederacy  shall  be  ' '  The  United  States 
of  America." 

Article  II.  Each  state  retains  its  sovereignty,  freedom  and  independ- 
ence, and  every  Power,  Jurisdiction  and  right,  which  is  not  by  this 
confederation  expressly  delegated  to  the  United  States,  in  Congress 
assembled. 

Article  III.  The  said  states  hereby  severally  enter  into  a  firm  league 
of  friendship  with  each  other,  for  their  common  defence,  the  security  of 
their  Liberties,  and  their  mutual  and  general  welfare,  binding  themselves 
to  assist  each  other,  against  all  force  offered  to,  or  attacks  made  upon 
them,  or  any  of  them,  on  account  of  religion,  sovereignty,  trade,  or  any 
other  pretence  whatsoever. 

Note.— The  original  is  indorsed:  Act  of  Confederation  of  The  United  States  of  America. 

9 


lO  Messages  and  Papers  of  the  Presidents 

Article  IV.  The  better  to  secure  and  perpetuate  mutual  friendship 
and  intercourse  among  the  people  of  the  different  states  in  this  union, 
the  free  inhabitants  of  each  of  these  states,  paupers,  vagabonds  and  fugi- 
tives from  Justice  excepted,  shall  be  entitled  to  all  privileges  and  immu- 
nities of  free  citizens  in  the  several  states;  and  the  people  of  each  state 
shall  have  free  ingress  and  regress  to  and  from  any  other  state,  and  shall 
enjoy  therein  all  the  privileges  of  trade  and  commerce,  subject  to  the 
same  duties,  impositions  and  restrictions  as  the  inhabitants  thereof 
respectively,  pro\aded  that  such  restriction  shall  not  extend  so  far  as  to 
prevent  the  removal  of  property  imported  into  any  state,  to  any  other 
state  of  which  the  Owner  is  an  inhabitant;  provided  also  that  no  impo- 
sition, duties  or  restriction  shall  be  laid  by  any  state,  on  the  property 
of  the  united  states,  or  either  of  them. 

If  any  Person  guilty  of,  or  charged  with  treason,  felony,  or  other  high 
misdemeanor  in  any  state,  shall  flee  from  Justice,  and  be  found  in  any  of 
the  united  states,  he  shall  upon  demand  of  the  Governor  or  executive 
power,  of  the  state  from  which  he  fled,  be  delivered  up  and  removed  to 
the  state  having  jurisdiction  of  his  offence. 

Full  faith  and  credit  shall  be  given  in  each  of  these  states  to  the 
records,  acts  and  judicial  proceedings  of  the  courts  and  magistrates  of 
every  other  state. 

Article  V.  For  the  more  convenient  management  of  the  general  inter- 
ests of  the  united  states,  delegates  shall  be  annually  appointed  in  such 
manner  as  the  legislature  of  each  state  shall  direct,  to  meet  in  Congress 
on  the  first  Monday  in  November,  in  every  year,  with  a  power  reserved 
to  each  state,  to  recal  its  delegates,  or  any  of  them,  at  any  time  within 
the  year,  and  to  send  others  in  their  stead,  for  the  remainder  of  the 
Year. 

No  state  shall  be  represented  in  Congress  by  less  than  two,  nor  by 
more  than  seven  Members;  and  no  person  shall  be  capable  of  being  a 
delegate  for  more  than  three  years  in  any  term  of  six  years;  nor  shall 
any  person,  being  a  delegate,  be  capable  of  holding  any  oflBce  under  the 
united  states,  for  which  he,  or  another  for  his  benefit  receives  any  salary, 
fees  or  emolument  of  any  kind. 

Each  state  shall  maintain  its  own  delegates  in  a  meeting  of  the  states, 
and  while  they  act  as  members  of  the  committee  of  the  states. 

In  determining  questions  in  the  united  states,  in  Congress  assembled, 
each  state  shall  have  one  vote. 


Articles  of  Confederation  II 

Freedom  of  speech  and  debate  in  Congress  shall  not  be  impeached  or 
questioned  in  any  Court,  or  place  out  of  Congress,  and  the  members  of 
congress  shall  be  protected  in  their  persons  from  arrests  and  imprison- 
ments, during  the  time  of  their  going  to  and  from,  and  attendance  on 
congress,  except  for  treason,  felony,  or  breach  of  the  peace. 

Article  VI.  No  state  without  the  Consent  of  the  united  states  in 
congress  assembled,  shall  send  any  embassy  to,  or  receive  any  embassy 
from,  or  enter  into  any  conferrence,  agreement,  alliance  or  treaty  with 
any  King  prince  or  state;  nor  shall  any  person  holding  any  ofl5ce  of 
profit  or  trust  under  the  united  states,  or  any  of  them,  accept  of  any 
present,  emolument,  office  or  title  of  any  kind  whatever  from  any  king, 
prince  or  foreign  state;  nor  shall  the  united  states  in  congress  assem- 
bled, or  any  of  them,  grant  any  title  of  nobility. 

No  two  or  more  states  shall  enter  into  any  treaty,  confederation  or 
alliance  whatever  between  them,  without  the  consent  of  the  united 
states  in  congress  assembled,  specifying  accurately  the  purposes  for 
which  the  same  is  to  be  entered  into,  and  how  long  it  shall  continue. 

No  state  shall  lay  any  imposts  or  duties,  which  may  interfere  with 
any  stipulations  in  treaties,  entered  into  by  the  united  states  in  congress 
assembled,  with  any  king,  prince  or  state,  in  pursuance  of  any  treaties 
already  proposed  by  congress,  to  the  courts  of  France  and  Spain. 

No  vessels  of  war  shall  be  kept  up  in  time  of  peace  by  any  state,  except 
such  number  only,  as  shall  be  deemed  necessary  by  the  united  states 
in  congress  assembled,  for  the  defence  of  such  state,  or  its  trade;  nor 
shall  any  body  of  forces  be  kept  up  by  any  state,  in  time  of  peace,  except 
such  number  only,  as  in  the  judgment  of  the  united  states,  in  congress 
assembled,  shall  be  deemed  requisite  to  garrison  the  forts  necessary  for 
the  defence  of  such  state;  but  every  state  shall  always  keep  up  a  well 
regulated  and  disciplined  militia,  sufficiently  armed  and  accoutred,  and 
shall  provide  and  constantly  have  ready  for  use,  in  public  stores,  a  due 
number  of  field  pieces  and  tents,  and  a  proper  quantity  of  arms,  ammu- 
nition and  camp  equipage. 

No  state  shall  engage  in  any  war  without  the  consent  of  the  united 
states  in  congress  assembled,  unless  such  state  be  actually  invaded  by 
enemies,  or  shall  have  received  certain  advice  of  a  resolution  being 
formed  by  some  nation  of  Indians  to  invade  such  state,  and  the  danger 
is  so  imminent  as  not  to  admit  of  a  delay,  till  the  united  states  in  con- 
gress assembled  can  be  consulted:  nor  shall  any  state  grant  commis- 


12  Messages  and  Papers  of  the  Presidents 

sions  to  any  ships  or  vessels  of  war,  nor  letters  of  marque  or  reprisal, 
except  it  be  after  a  declaration  of  war  by  the  united  states  in  congress 
assembled,  and  then  only  against  the  kingdom  or  state  and  the  subjects 
thereof,  against  which  war  has  been  so  declared,  and  under  such  regula- 
tions as  shall  be  established  by  the  united  states  in  congress  assembled, 
unless  such  state  be  infested  by  pirates,  in  which  case  vessels  of  war 
may  be  fitted  out  for  that  occasion,  and  kept  so  long  as  the  danger  shall 
continue,  or  until  the  united  states  in  congress  assembled  shall  deter- 
mine otherwise. 

Article  VII.  When  land-forces  are  raised  by  any  state  for  the 
common  defence,  all  officers  of  or  under  the  rank  of  colonel,  shall  be 
appointed  by  the  legislature  of  each  state  respectively  by  whom  such 
forces  shall  be  raised,  or  in  such  manner  as  such  state  shall  direct,  and 
all  vacancies  shall  be  filled  up  by  the  state  which  first  made  the 
appointment. 

Article  VIII.  All  charges  of  war,  and  all  other  expences  that  shall 
be  incurred  for  the  common  defence  or  general  welfare,  and  allowed  by 
the  united  states  in  congress  assembled,  shall  be  defrayed  out  of  a  com- 
mon treasury,  which  shall  be  supplied  by  the  several  states,  in  proportion 
to  the  value  of  all  land  within  each  state,  granted  to  or  surveyed  for  any 
Person,  as  such  land  and  the  buildings  and  improvements  thereon  shall 
be  estimated  according  to  such  mode  as  the  united  states  in  congress 
asseinbled,  shall  from  time  to  time  direct  and  appoint.  The  taxes  for 
paying  that  proportion  shall  be  laid  and  levied  by  the  authority  and 
direction  of  the  legislatures  of  the  several  states  within  the  time  agreed 
upon  by  the  united  states  in  congress  assembled. 

Article  IX.  The  united  states  in  congress  assembled,  shall  have  the 
sole  and  exclusive  right  and  power  of  determining  on  peace  and  war, 
except  in  the  cases  mentioned  in  the  sixth  article — of  sending  and 
receiving  ambassadors — entering  into  treaties  and  alliances,  provided 
that  no  treaty  of  commerce  shall  be  made  whereby  the  legislative  power 
of  the  respective  states  shall  be  restrained  from  imposing  such  imposts 
and  duties  on  foreigners,  as  their  own  people  are  subjected  to,  or  from 
prohibiting  the  exportation  or  importation  of  any  species  of  goods  or 
commodities  whatsoever — of  establishing  rules  for  deciding  in  all  cases, 
what  captures  on  land  or  water  shall  be  legal,  and  in  what  manner 
prizes  taken  by  land  or  naval  forces  in  the  service  of  the  united  states 
shall  be  divided  or  appropriated. — of  granting  letters  of  marque  and 
reprisal  in  times  of  peace — appointing  courts  for  the  trial  of  piracies 


Articles  of  Confederation  13 

and  felonies  committed  on  the  high  seas  and  establishing  courts  for 
receiving  and  determining  finally  appeals  in  all  cases  of  captures,  pro- 
vided that  no  member  of  congress  shall  be  appointed  a  judge  of  any  of 
the  said  courts. 

The  united  states  in  congress  assembled  shall  also  be  the  last  resort 
on  appeal  in  all  disputes  and  differences  now  subsisting  or  that  hereafter 
may  arise  between  two  or  more  states  concerning  boundary,  jurisdiction 
or  any  other  cause  whatever;  which  authority  shall  always  be  exercised 
in  the  manner  following.  Whenever  the  legislative  or  executive  authority 
or  lawful  agent  of  any  state  in  controversy  with  another  shall  present  a 
petition  to  congress,  stating  the  matter  in  question  and  praying  for  a 
hearing,  notice  thereof  shall  be  given  by  order  of  congress  to  the  legis- 
lative or  executive  authority  of  the  other  state  in  controversy,  and  a 
day  assigned  for  the  appearance  of  the  parties  by  their  lawful  agents, 
who  shall  then  be  directed  to  appoint  by  joint  consent,  commissioners  or 
judges  to  constitute  a  court  for  hearing  and  determining  the  matter  in 
question:  but  if  they  cannot  agree,  congress  shall  name  three  persons 
out  of  each  of  the  united  states,  and  from  the  list  of  such  persons  each 
party  shall  alternately  strike  out  one,  the  petitioners  beginning,  until  the 
number  shall  be  reduced  to  thirteen;  and  from  that  number  not  less 
than  seven,  nor  more  than  nine  names  as  congress  shall  direct,  shall  in 
the  presence  of  congress  be  drawn  out  by  lot,  and  the  persons  whose 
names  shall  be  so  drawn  or  any  five  of  them,  shall  be  commissioners  or 
judges,  to  hear  and  finally  determine  the  controversy,  so  always  as  a 
major  part  of  the  judges  who  shall  hear  the  cause  shall  agree  in  the 
determination:  and  if  either  party  shall  neglect  to  attend  at  the  day 
appointed,  without  shewing  reasons,  which  congress  shall  judge  sufficient, 
or  being  present  shall  refuse  to  strike,  the  congress  shall  proceed  to 
nominate  three  persons  out  of  each  state,  and  the  secretary  of  congress 
shall  strike  in  behalf  of  such  party  absent  or  refusing;  and  the  judgment 
and  sentence  of  the  court  to  be  appointed,  in  the  manner  before  prescribed, 
shall  be  final  and  conclusive;  and  if  any  of  the  parties  shall  refuse  to 
submit  to  the  authority  of  such  court,  or  to  appear  or  defend  their  claim 
or  cause,  the  court  shall  nevertheless  proceed  to  pronounce  sentence,  or 
judgment,  which  shall  in  like  manner  be  final  and  decisive,  the  judgment 
or  sentence  and  other  proceedings  being  in  either  case  transmitted  to 
congress,  and  lodged  among  the  acts  of  congress  for  the  security  of  the 
parties  concerned:  provided  that  every  commissioner,  before  he  sits  in 
judgment,  shall  take  an  oath  to  be  administred  by  one  of  the  judges  of 


14  Messages  and  Papers  of  the  Presidents 

the  supreme  or  superior  court  of  the  state,  where  the  cause  shall  be  tried, 
"  well  and  truly  to  hear  and  determine  the  matter  in  question,  according 
to  the  best  of  his  judgment,  without  favour,  affection  or  hope  of  reward:" 
prov-ided  also  that  no  state  shall  be  deprived  of  territory  for  the  benefit 
of  the  united  states. 

All  controversies  concerning  the  private  right  of  soil  claimed  under 
different  grants  of  two  or  more  states,  whose  jurisdictions  as  they  may 
respect  such  lands,  and  the  states  which  passed  such  grants  are  adjusted, 
the  said  grants  or  either  of  them  being  at  the  same  time  claimed  to  have 
originated  antecedent  to  such  settlement  of  jurisdiction,  shall  on  the 
petition  of  either  party  to  the  congress  of  the  united  states,  be  finally 
determined  as  near  as  may  be  in  the  same  manner  as  is  before  prescribed 
for  deciding  disputes  respecting  territorial  jurisdiction  between  different 
states. 

The  united  states  in  congress  assembled  shall  also  have  the  sole  and 
exclusive  right  and  power  of  regulating  the  alloy  and  value  of  coin  struck 
by  their  own  authority,  or  by  that  of  the  respective  states — fixing  the 
standard  of  weights  and  measures  throughout  the  united  states. — regu- 
lating the  trade  and  managing  all  affairs  ^vith  the  Indians,  not  members 
of  any  of  the  states,  provided  that  the  legislative  right  of  any  state  within 
its  own  limits  be  not  infringed  or  violated — establishing  and  regulating 
post-ofl&ces  from  one  state  to  another,  throughout  all  the  united  states, 
and  exacting  such  postage  on  the  papers  passing  thro'  the  same  as  may 
be  requisite  to  defray  the  expences  of  the  said  office — appointing  all 
ofl5cers  of  the  land  forces,  in  the  service  of  the  united  states,  excepting 
regimental  oflficers. — appointing  all  the  officers  of  the  naval  forces,  and 
commissioning  all  officers  whatever  in  the  service  of  the  united  states — 
making  rules  for  the  government  and  regulation  of  the  said  land  and 
naval  forces,  and  directing  their  operations. 

The  united  states  in  congress  assembled  shall  have  authority  to 
appoint  a  committee,  to  sit  in  the  recess  of  congress,  to  be  denominated 
"A  Committee  of  the  States,"  and  to  consist  of  one  delegate  from  each 
state;  and  to  appoint  such  other  committees  and  civil  officers  as  may  be 
necessary  for  managing  the  general  affairs  of  the  united  states  under 
their  direction — to  appoint  one  of  their  number  to  preside,  provided  that 
no  person  be  allowed  to  serve  in  the  office  of  president  more  than  one 
year  in  any  term  of  three  years;  to  ascertain  the  necessary  sums  of 
Money  to  be  raised  for  the  service  of  the  united  states,  and  to  appro- 
priate and  apply  the  same  for  defraying  the  public  expences — to  borrow 


Articles  of  Confederation  15 

money,  or  emit  bills  on  the  credit  of  the  united  states,  transmitting 
every  half  year  to  the  respective  states  an  account  of  the  sums  of  money 
so  borrowed  or  emitted, — to  build  and  equip  a  navy — to  agree  upon  the 
number  of  land  forces,  and  to  make  requisitions  from  each  state  for  its 
quota,  in  proportion  to  the  number  of  white  inhabitants  in  such  vState; 
which  requisition  shall  be  binding,  and  thereupon  the  legislature  of  each 
state  shall  appoint  the  regimental  officers,  raise  the  men  and  cloath,  arm 
and  equip  them  in  a  soldier  like  manner,  at  the  expence  of  the  united 
states,  and  the  officers  and  men  so  cloathed,  armed  and  equipped  shall 
march  to  the  place  appointed,  and  within  the  time  agreed  on  by  the 
united  states  in  congress  assembled:  But  if  the  united  states  in  congress 
assembled  shall,  on  consideration  of  circumstances  judge  proper  that 
any  state  should  not  raise  men,  or  should  raise  a  smaller  number  than 
its  quota,  and  that  any  other  state  should  raise  a  greater  number  of  men 
than  the  quota  thereof,  such  extra  number  shall  be  raised,  officered, 
cloathed,  armed  and  equipped  in  the  same  manner  as  the  quota  of  such 
state,  unless  the  legislature  of  such  state  shall  judge  that  such  extra 
number  cannot  be  safely  spared  out  of  the  same,  in  which  case  they 
shall  raise  officer,  cloath,  arm  and  equip  as  many  of  such  extra  num- 
ber as  they  judge  can  be  safely  spared.  And  the  officers  and  men  so 
cloathed,  armed  and  equipped,  shall  march  to  the  place  appointed,  and 
within  the  time  agreed  on  by  the  united  states  in  congress  assembled. 

The  united  states  in  congress  assembled  shall  never  engage  in  a  war, 
nor  grant  letters  of  marque  and  reprisal  in  time  of  peace,  nor  enter  into 
any  treaties  or  alliances,  nor  coin  money,  nor  regulate  the  value  thereof, 
nor  ascertain  the  sums  and  expences  necessary  for  the  defence  and 
welfare  of  the  united  states,  or  any  of  them,  nor  emit  bills,  nor  borrow 
money  on  the  credit  of  the  united  states,  nor  appropriate  money,  nor 
agree  upon  the  number  of  vessels  of  war,  to  be  built  or  purchased,  or  the 
number  of  land  or  sea  forces  to  be  raised,  nor  appoint  a  commander  in 
chief  of  the  army  or  navy,  unless  nine  states  assent  to  the  same:  nor 
shall  a  question  on  any  other  point,  except  for  adjourning  from  day  to 
day  be  determined,  unless  by  the  votes  of  a  majority  of  the  united  states 
in  congress  assembled. 

The  congress  of  the  united  states  shall  have  power  to  adjourn  to  any 
time  within  the  year,  and  to  any  place  within  the  united  states,  so  that 
no  period  of  adjournment  be  for  a  longer  duration  than  the  space  of  six 
Months,  and  shall  publish  the  Journal  of  their  proceedings  monthly, 
except  such  parts  thereof  relating   to   treaties,    alliances  or  military 


1 6  Messages  and  Papers  of  the  Presidents 

operations,  as  in  their  judgment  require  secresy;  and  the  yeas  and  nays 
of  the  delegates  of  each  state  on  any  question  shall  be  entered  on  the 
Journal,  when  it  is  desired  by  any  delegate;  and  the  delegates  of  a  state, 
or  any  of  them,  at  his  or  their  request  shall  be  furnished  with  a  tran- 
script of  the  said  Journal,  except  such  parts  as  are  above  excepted,  to 
lay  before  the  legislatures  of  the  several  states. 

Article  X.  The  committee  of  the  states,  or  any  nine  of  them,  shall 
be  authorised  to  execute,  in  the  recess  of  congress,  such  of  the  powers 
of  congress  as  the  united  states  in  congress  assembled,  by  the  consent 
of  nine  states,  shall  from  time  to  time  think  expedient  to  vest  them 
with;  provided  that  no  power  be  delegated  to  the  said  committee,  for  the 
exercise  of  which,  by  the  articles  of  confederation,  the  voice  of  nine  states 
in  the  congress  of  the  united  states  assembled  is  requisite. 

Article  XI.  Canada  acceding  to  this  confederation,  and  joining  in  the 
measures  of  the  united  states,  shall  be  admitted  into,  and  entitled  to  all 
the  advantages  of  this  union:  but  no  other  colony  shall  be  admitted 
into  the  same,  unless  such  admission  be  agreed  to  by  nine  states. 

Article  XII.  All  bills  of  credit  emitted,  monies  borrowed  and  debts 
contracted  by,  or  under  the  authority  of  congress,  before  the  assembling 
of  the  united  states,  in  pursuance  of  the  present  confederation,  shall 
be  deemed  and  considered  as  a  charge  against  the  united  states,  for 
payment  and  satisfaction  whereof  the  said  united  states,  and  the  public 
faith  are  hereby  solemnly  pledged. 

Article  XIII.  Every  state  shall  abide  by  the  determinations  of  the 
united  states  in  congress  assembled,  on  all  questions  which  by  this  con- 
federation are  submitted  to  them.  And  the  Articles  of  this  confederation 
shall  be  inviolably  observed  by  every  state,  and  the  union  shall  be  per- 
petual; nor  shall  any  alteration  at  any  time  hereafter  be  made  in  any 
of  them;  unless  such  alteration  be  agreed  to  in  a  congress  of  the  united 
states,  and  be  afterwards  confirmed  by  the  legislatures  of  every  state. 

'^nH  'WJCiZXZ'H.S  it  hath  pleased  the  Great  Governor  of  the  World  to 
incline  the  hearts  of  the  legislatures  we  respectively  represent  in  con- 
gress, to  approve  of,  and  to  authorize  us  to  ratify  the  said  articles  of 
confederation  and  perpetual  union.  ^1X011?  "^C  that  we  the  under-signed 
delegates,  by  virtue  of  the  power  and  authority  to  us  given  for  that  pur- 
pose, do  by  these  presents,  in  the  name  and  in  behalf  of  our  respective 
constituents,  fully  and  entirely  ratify  and  confirm  each  and  every  of  the 
said  articles  of  confederation  and  perpetual  union,  and  all  and  singular 
the  matters  and  things  therein  contained:  And  we  do  further  solemnly 


Articles  of  Confederation 


17 


plight  and  engage  the  faith  of  our  respective  constituents,  that  they  shall 
abide  by  the  determinations  of  the  united  states  in  congress  assembled, 
on  all  questions,  which  by  the  said  confederation  are  submitted  to  them. 
And  that  the  articles  thereof  shall  be  inviolably  observed  by  the  states 
we  repectively  represent,  and  that  the  union  shall  be  perpetual.  In  Wit- 
ness whereof  we  have  hereunto  set  our  hands  in  Congress.  Done  at 
Philadelphia  in  the  state  of  Pennsylvania  the  ninth  Day  of  July  in  the 
Year  of  our  Lord  one  Thousand  seven  Hundred  and  Seventy-eight,  and 
in  the  third  year  of  the  independence  of  America. 


JosiAH  Bartlett 
John  Wentworth  Jun'" 

August  8^^  1778 


On  the  part  &  behalf  of  the  State  of 
New  Hampshire 


John  Hancock 
Samuel  Adams 
Elbridge  Gerry 
Francis  Dana 
James  Lovell 
Samuel  Holten 


On  the  part  and  behalf  of  The  State 
of  Massachusetts  Bay 


William  Ellery 
Henry  MarchanT 
John  Collins 


On  the  part  and  behalf  of  the  State 
of  Rhode- Island  and  Providence 
Plantations 


Roger  Sherman 
Samuel  Huntington 
Oliver  Wolcott 
Titus  Hosmer 
Andrew  Adams 


on  the  part  and  behalf  of  the  State 
of  Connecticut 


Jas  Duane 
Fra^  Lewis 
W^  Duer. 
Gouv  Morris 


On  the  Part  and  Behalf  of  the  State 
of  New  York 


Jno  Witherspoon 
Nath^  Scudder 


1  On  the  Part  and  in  Behalf  of  the  State 
I     of  New  Jersey.  Nov""  26,  1778. — 


Rob'''^  Morris 
Daniel  Roberdeau 
JoN'^  Bayard  Smith. 
William  Clingan 
Joseph  Reed  22^  July  1778 

M  P — VOL  I — 2 


On  the  part  and  behalf  of  the  State 
of  Pennsylvania 


16*  Messages  and  Papers  of  the  Presidents 

Tho  M:Kean  Feby  12  1779 
John  Dickinson  Mays***  17; 
Nicholas  Van  Dyke, 


On  the  part  &  behalf  of  the  State  of 
Delaware 


John  Hanson  March  i  1781 
Daniel  Carroll       d*» 

Richard  Henry  Lee 

John  Banister 

Thomas  Adams 

Jn°  Harvie 

Francis  Lightfoot  Lee 

John  Penn  July  21*^  1778 
CoRN^  Harnett 
Jn®  Williams 

Henry  Laurens. 
William  Henry  Drayton 
Jn*^  Mathews 

RlCH^  HUTSON. 

Tho^  Heyward  Jun*" 

Jn<*  Walton  24*^  July  1778 
Edw°  Telfair. 
Edw^  Langworthy. 


on  the  part  and  behalf  of  the  State 
of  Maryland 


On  the  Part  and  Behalf  of  the  State 
of  Virginia 


On  the  part  and  Behalf  of  the  State 
of  N°  Carolina 


On  the  part  &  behalf  of  the  State  of 
South-Carolina 


On  the  part  &  behalf  of  the  State  of 
Georgia 


The  Constitution 


19 


The  Constitution 


[Z  ViXZ  ^J^Opfe  of  the  United  States,  in  Order  to  form  a 
more  perfect  Union,  establish  Justice,  insure  domestic  Tranquility,  pro- 
vide for  the  common  defence,  promote  the  general  Welfare,  and  secure 
the  Blessings  of  Liberty  to  ourselves  and  our  Posterity,  do  ordain  and 
establish  this  Constitution  for  the  United  States  of  America. 

^xiitlz,  I. 

Section,  i.  All  legislative  Powers  herein  granted  shall  be  vested  in 
a  Congress  of  the  United  States,  which  shall  consist  of  a  Senate  and 
House  of  Representatives. 

Section.  2.  The  House  of  Representatives  shall  be  composed  of  Members 
chosen  every  second  Year  by  the  People  of  the  several  States,  and  the 

the 

Electors  in  each  State  shall  have^Qualifications  requisite  for  Electors  of 
the  most  numerous  Branch  of  the  State  Legislature. 

No  Person  shall  be  a  Representative  who  shall  not  have  attained  to 
the  Age  of  twenty  five  Years,  and  been  seven  Years  a  Citizen  of  the 
United  States,  and  who  shall  not,  when  elected,  be  an  Inhabitant  of  that 
State  in  which  he  shall  be  chosen. 

Representatives  and  direct  Taxes  shall  be  apportioned  among  the 
several  States  which  may  be  included  within  this  Union,  according  to 
their  respective  Numbers,  which  shall  be  determined  by  adding  to  the 
whole  Number  of  free  Persons,  including  those  bound  to  Service  for  a 
Term  of  Years,  and  excluding  Indians  not  taxed,  three  fifths  of  all  other 
Persons,  The  actual  Enumeration  shall  be  made  within  three  Years 
after  the  first  Meeting  of  the  Congress  of  the  United  States,  and  within 
every  subsequent  Term  of  ten  Years,  in  such  Manner  as  they  shall  by 

NOTB. — ^The  words  "  The  Constitution  "  do  not  appear  on  the  original. 

ai 


22  Messages  and  Papers  of  the  Presidents 

Law  direct.  The  Number  of  Representatives  shall  not  exceed  one  for 
every  thirty  Thousand,  but  each  State  shall  have  at  I^east  one  Repre- 
sentative; and  until  such  enumeration  shall  be  made,  the  State  of  New 
Hampshire  shall  be  entitled  to  chuse  three,  Massachusetts  eight,  Rhode- 
Island  and  Providence  Plantations  one,  Connecticut  five.  New- York  six, 
New  Jersey  four,  Pennsylvania  eight,  Delaware  one,  Maryland  six,  Vir- 
ginia ten.  North  Carolina  five.  South  Carolina  five,  and  Georgia  three. 

When  vacancies  happen  in  the  Representation  from  any  State,  the 
Executive  Authority  thereof  shall  issue  Writs  of  Election  to  fill  such 
Vacancies. 

The  House  of  Representatives  shall  chuse  their  Speaker  and  other 
Officers;  and  shall  have  the  sole  Power  of  Impeachment. 
Section,  3.  The  Senate  of  the  United  States  shall  be  composed  of  two 
Senators  from  each  State,  chosen  by  the  Legislature  thereof,  for  six 
Years;  and  each  Senator  shall  have  one  Vote. 

Immediately  after  they  shall  be  assembled  in  Consequence  of  the  first 
Election,  they  shall  be  divided  as  equally  as  may  be  into  three  Classes. 
The  Seats  of  the  Senators  of  the  first  Class  shall  be  vacated  at  the  Expi- 
ration of  the  second  Year,  of  the  second  Class  at  the  Expiration  of  the 
fourth  Year,  and  of  the  third  Class  at  the  Expiration  of  the  sixth  Year, 
so  that  one  third  may  be  chosen  ever>'^  second  Year;  and  if  Vacancies 
happen  by  Resignation,  or  otherwise,  during  the  Recess  of  the  Legislature 
of  any  State,  the  Executive  thereof  may  make  temporary  Appointments 
until  the  next  Meeting  of  the  Legislature,  which  shall  then  fill  such 
Vacancies. 

No  Person  shall  be  a  Senator  who  shall  not  have  attained  to  the  Age 
of  thirty  Years,  and  been  nine  Years  a  Citizen  of  the  United  States,  and 
who  shall  not,  when  elected,  be  an  Inhabitant  of  that  State  for  which  he 
shall  be  chosen. 

The  Vice  President  of  the  United  States  shall  be  President  of  the 
Senate,  but  shall  have  no  Vote,  unless  they  be  equally  divided. 

The  Senate  shall  chuse  their  other  Ofl&cers,  and  also  a  President  pro 
tempore,  in  the  Absence  of  the  Vice  President,  or  when  he  shall  exercise 
the  Office  of  President  of  the  United  States. 

The  Senate  shall  have  the  sole  Power  to  try  all  Impeachments.  When 
sitting  for  that  Purpose,  they  shall  be  on  Oath  or  Affirmation.    When  the 

1  is  tried, 

President  of  the  United  States,  the  Chief  Justice  shall  preside:  And  no 
Person  shall  be  convicted  without  the  Concurrence  of  two  thirds  of  the 
Members  present. 


The  Constitution  23 

Judgment  in  Cases  of  Impeachment  shall  not  extend  further  than  to 
removal  from  Ofl&ce,  and  disqualification  to  hold  and  enjoy  any  Ofi&ce  of 
honor,  Trust  or  Profit  under  the  United  States:  but  the  Party  convicted 
shall  nevertheless  be  liable  and  subject  to  Indictment,  Trial,  Judgment 
and  Punishment,  according  to  Law. 

Section.  4.  The  Times,  Places  and  Manner  of  holding  Elections  for 
Senators  and  Representatives,  shall  be  prescribed  in  each  State  by  the 
Legislature  thereof;  but  the  Congress  may  at  any  time  by  Law  make  or 
alter  such  Regulations,  except  as  to  the  Places  of  chusing  Senators. 

The  Congress  shall  assemble  at  least  once  in  every  Year,  and  such 
Meeting  shall  be  on  the  first  Monday  in  December,  unless  they  shall 
by  Law  appoint  a  different  Day. 

S.ection.  5.  Each  House  shall  be  the  Judge  of  the  Elections,  Returns 
and  Qualifications  of  its  own  Members,  and  a  Majority  of  each  shall 
constitute  a  Quorum  to  do  Business;  but  a  smaller  Number  may  adjourn 
from  day  to  day,  and  may  be  authorized  to  compel  the  Attendance  of 
absent  Members,  in  such  Manner,  and  under  such  Penalties  as  each 
House  may  provide. 

Each  House  may  determine  the  Rules  of  its  Proceedings,  punish  its 
Members  for  disorderly  Behaviour,  and,  with  the  Concurrence  of  two 
thirds,  expel  a  Member. 

Each  House  shall  keep  a  Journal  of  its  Proceedings,  and  from  time 
to  time  publish  the  same,  excepting  such  Parts  as  may  in  their  Judg- 
ment require  Secrecy;  and  the  Yeas  and  Nays  of  the  Members  of  either 
House  on  any  question  shall,  at  the  Desire  of  one  fifth  of  those  Present, 
be  entered  on  the  Journal. 

Neither  House,  during  the  Session  of  Congress,  shall,  without  the 
Consent  of  the  other,  adjourn  for  more  than  three  days,  nor  to  any 
other  Place  than  that  in  which  the  two  Houses  shall  be  sitting. 
Section.  6.  The  Senators  and  Representatives  shall  receive  a  Compen- 
sation for  their  Services,  to  be  ascertained  by  Law,  and  paid  out  of  the 
Treasury  of  the  United  States.  They  shall  in  all  Cases,  except  Treason, 
Felony  and  Breach  of  the  Peace,  be  privileged  from  Arrest  during  their 
Attendance  at  the  Session  of  their  respective  Houses,  and  in  going  to 
and  returning  from  the  same;  and  for  any  Speech  or  Debate  in  either 
House,  they  shall  not  be  questioned  in  any  other  Place. 

No  Senator  or  Representative  shall,  during  the  Time  for  which  he  was 
elected,  be  appointed  to  any  civil  Ofiice  under  the  Authority  of  the  United 
States  which  shall  have  been  created,  or  the  Emoluments  whereof  shall 


24  Messages  and  Papers  of  the  Presidents 

have  been  encreased  during  such  time;  and  no  Person  holding  any  Ofl&ce 
under  the  United  States,  shall  be  a  Member  of  either  House  during  his 
Continuance  in  Office. 

Section.  7.  All  Bills  for  raising  Revenue  shall  originate  in  the  House 
of  Representatives;  but  the  Senate  may  propose  or  concur  with  Amend- 
ments as  on  other  Bills. 

Ever>'  Bill  which  shall  have  passed  the  House  of  Representatives  and 
the  Senate,  shall,  before  it  become  a  Law,  be  presented  to  the  President 
of  the  United  States;  If  he  approve  he  shall  sign  it,  but  if  not  he  shall 
return  it,  with  his  Objections  to  that  House  in  which  it  shall  have  origi- 
nated, who  shall  enter  the  Objections  at  large  on  their  Journal,  and  pro- 
ceed to  reconsider  it.  If  after  such  Reconsideration  two  thirds  of  that 
House  shall  agree  to  pass  the  Bill,  it  shall  be  sent,  together  with  the 
Objections,  to  the  other  House,  by  which  it  shall  like\vise  be  reconsid- 
ered, and  if  approved  by  two  thirds  of  that  House,  it  shall  become  a  Law. 
But  in  all  such  Cases  the  Votes  of  both  Houses  shall  be  determined  by 
yeas  and  Nays,  and  the  Names  of  the  Persons  voting  for  and  against 
the  Bill  shall  be  entered  on  the  Journal  of  each  House  respectively.  If 
any  Bill  shall  not  be  returned  by  the  President  within  ten  Days  (Sun- 
days excepted)  after  it  shall  have  been  presented  to  him,  the  Same  shall 
be  a  Law,  in  like  Manner  as  if  he  had  signed  it,  unless  the  Congress 
by  their  Adjournment  prevent  its  Return,  in  which  Case  it  shall  not  be 
a  Law. 

Every  Order,  Resolution,  or  Vote  to  which  the  Concurrence  of  the 
Senate  and  House  of  Representatives  may  be  necessary  (except  on  a 
question  of  Adjournment)  shall  be  presented  to  the  President  of  the 
United  States;  and  before  the  Same  shall  take  Effect,  shall  be  approved 
by  him,  or  being  disapproved  by  him,  shall  be  repassed  by  two  thirds 
of  the  Senate  and  House  of  Representatives,  according  to  the  Rules  and 
Limitations  prescribed  in  the  Case  of  a  Bill. 

Section.  8.  The  Congress  shall  have  Power  To  lay  and  collect  Taxes, 
Duties,  Imposts  and  Excises,  to  pay  the  Debts  and  provide  for  the  com- 
mon Defence  and  general  Welfare  of  the  United  States;  but  all  Duties, 
Imposts  and  Excises  shall  be  uniform  throughout  the  United  States; 

To  borrow  Money  on  the  credit  of  the  United  States; 

To  regulate  Commerce  with  foreign  Nations,  and  among  the  several 
States,  and  with  the  Indian  Tribes; 

To  establish  an  uniform  Rule  of  Naturalization,  and  uniform  Laws  on 
the  subject  of  Bankruptcies  throughout  the  United  States; 


The  Constitution  25 

To  coin  Money,  regulate  the  Value  thereof,  and  of  foreign  Coin,  and 
fix  the  Standard  of  Weights  and  Measures; 

To  provide  for  the  Punishment  of  counterfeiting  the  Securities  and 
current  Coin  of  the  United  States; 

To  establish  Post  Offices  and  post  Roads; 

To  promote  the  Progress  of  Science  and  useful  Arts,  by  securing  for 
limited  Times  to  Authors  and  Inventors  the  exclusive  Right  to  their 
respective  Writings  and  Discoveries; 

To  constitute  Tribunals  inferior  to  the  supreme  Court; 

To  define  and  punish  Piracies  and  Felonies  committed  on  the  high 
Seas,  and  Offences  against  the  Law  of  Nations; 

To  declare  War,  grant  Letters  of  Marque  and  Reprisal,  and  make 
Rules  concerning  Captures  on  Land  and  Water; 

To  raise  and  support  Armies,  but  no  Appropriation  of  Money  to  that 
Use  shall  be  for  a  longer  Term  than  two  Years; 

To  provide  and  maintain  a  Navy; 

To  make  Rules  for  the  Government  and  Regulation  of  the  land  and 
naval  Forces; 

To  provide  for  calling  forth  the  Militia  to  execute  the  Laws  of  the 
Union,  suppress  Insurrections  and  repel  Invasions; 

To  provide  for  organizing,  arming,  and  disciplining,  the  Militia,  and 
for  governing  such  Part  of  them  as  may  be  employed  in  the  Service  of 
the  United  States,  reserving  to  the  States  respectively,  the  Appointment 
of  the  Officers,  and  the  Authority  of  training  the  Militia  according  to 
the  discipline  prescribed  by  Congress; 

To  exercise  exclusive  Legislation  in  all  Cases  whatsoever,  over  such 
District  (not  exceeding  ten  Miles  square)  as  may,  by  Cession  of  particular 
States,  and  the  Acceptance  of  Congress,  become  the  Seat  of  the  Gov- 
ernment of  the  United  States,  and  to  exercise  like  Authority  over  all 
Places  purchased  by  the  Consent  of  the  Legislature  of  the  State  in  which 
the  Same  shall  be,  for  the  Erection  of  Forts,  Magazines,  Arsenals,  dock- 
Yards,  and  other  needful  Buildings; — And 

To  make  all  Laws  which  shall  be  necessary  and  proper  for  carrying 
into  Execution  the  foregoing  Powers,  and  all  other  Powers  vested  by 
this  Constitution  in  the  Government  of  the  United  States,  or  in  any 
Department  or  Officer  thereof. 

Section.    9.    The   Migration   or   Importation  of  such   Persons  as  any 
of   the  States  now  existing  shall  think  proper  to  admit,  shall  not  be 


26  Messages  and  Papers  of  the  Presidents 

prohibited  by  the  Congress  prior  to  the  Year  one  thousand  eight  hun- 
dred and  eight,  but  a  Tax  or  duty  may  be  imposed  on  such  Importation, 
not  exceeding  ten  dollars  for  each  Person. 

The  Privilege  of  the  Writ  of  Habeas  Corpus  shall  not  be  suspended, 
unless  when  in  Cases  of  Rebellion  or  Invasion  the  public  Safety  may 
require  it. 

No  Bill  of  Attainder  or  ex  post  facto  I^w  shall  be  passed. 

No  Capitation,  or  other  direct.  Tax  shall  be  laid,  unless  in  Proportion 
to  the  Census  or  Enumeration  herein  before  directed  to  be  taken. 

No  Tax  or  Duty  shall  be  laid  on  Articles  exported  from  any  State. 

No  Preference  shall  be  given  by  any  Regulation  of  Commerce  or  Reve- 
nue to  the  Ports  of  one  State  over  those  of  another:  nor  shall  Vessels 
bound  to,  or  from,  one  State,  be  obliged  to  enter,  clear,  or  pay  Duties  in 
another. 

No  Money  shall  be  drawn  from  the  Treasury,  but  in  Consequence  of 
Appropriations  made  by  Law;  and  a  regular  Statement  and  Account 
of  the  Receipts  and  Expenditures  of  all  public  Money  shall  be  published 
from  time  to  time. 

No  Title  of  Nobility  shall  be  granted  by  the  United  States:  And  no 
Person  holding  any  Ofl&ce  of  Profit  or  Trust  under  them,  shall,  without 
the  Consent  of  the  Congress,  accept  of  any  present,  Emolument,  Office,  or 
Title,  of  any  kind  whatever,  from  any  King,  Prince,  or  foreign  State. 
Section.  lo.  No  State  shall  enter  into  any  Treaty,  Alhance,  or  Confed- 
eration; grant  letters  of  Marque  and  Reprisal;  coin  Money;  emit  Bills 
of  Credit;  make  any  Thing  but  gold  and  silver  Coin  a  Tender  in  Pay- 
ment of  Debts;  pass  any  Bill  of  Attainder,  ex  post  facto  Law,  or  Law 
impairing  the  Obligation  of  Contracts,  or  grant  any  Title  of  Nobility. 

the 

No  State  shall,  without  the  Consent  of^Congress,  lay  any  Imposts  or 
Duties  on  Imports  or  Exports,  except  what  may  be  absolutely  necessary 
for  executing  it's  inspection  Laws:  and  the  net  Produce  of  all  Duties 
and  Imposts,  laid  by  any  State  on  Imports  or  Exports,  shall  be  for  the 
Use  of  the  Treasury  of  the  United  States;  and  all  such  Laws  shall  be 

the 

subject  to  the  Revision  and  Controul  of  ^Congress. 

No  State  shall,  without  the  Consent  of  Congress,  lay  any  Duty  of  Ton- 
nage, keep  Troops,  or  Ships  of  War  in  time  of  Peace,  enter  into  any  Agree- 
ment or  Compact  with  another  State,  or  with  a  foreign  Power,  or  engage 
in  War,  unless  actually  invaded,  or  in  such  imminent  Danger  as  will  not 
admit  of  delay. 


The  Constitution  27 


Jivticlje.  II. 

Section,  i.  The  executive  Power  shall  be  vested  in  a  President  of  the 
United  States  of  America.  He  shall  hold  his  Office  during  the  Term  of 
four  Years,  and,  together  with  the  Vice  President,  chosen  for  the  same 
Term,  be  elected,  as  follows 

Bach  State  shall  appoint,  in  such  Manner  as  the  Legislature  thereof 
may  direct,  a  Number  of  Electors,  equal  to  the  whole  Number  of  Sena- 
tors and  Representatives  to  which  the  State  may  be  entitled  in  the  Con- 
gress: but  no  Senator  or  Representative,  or  Person  holding  an  Office  of 
Trust  or  Profit  under  the  United  States,  shall  be  appointed  an  Elector. 

The  Electors  shall  meet  in  their  respective  States,  and  vote  by  Ballot 
for  two  Persons,  of  whom  one  at  least  shall  not  be  an  Inhabitant  of  the 
same  State  with  themselves.  And  they  shall  make  a  List  of  all  the 
Persons  voted  for,  and  of  the  Number  of  Votes  for  each;  which  List 
they  shall  sign  and  certify,  and  transmit  sealed  to  the  Seat  of  the  Gov- 
ernment of  the  United  States,  directed  to  the  President  of  the  Senate. 
The  President  of  the  Senate  shall,  in  the  Presence  of  the  Senate  and 
House  of  Representatives,  open  all  the  Certificates,  and  the  Votes  shall 
then  be  counted.  The  Person  having  the  greatest  Number  of  Votes 
shall  be  the  President,  if  such  Number  be  a  Majority  of  the  whole 
Number  of  Electors  appointed;  and  if  there  be  more  than  one  who  have 
such  Majority,  and  have  an  equal  Number  of  Votes,  then  the  House 
of  Representatives  shall  immediately  chuse  by  Ballot  one  of  them  for 
President;  and  if  no  Person  have  a  Majority,  then  from  the  five  highest 
on  the  List  the  said  House  shall  in  like  Manner  chuse  the  President. 
But  in  chusing  the  President,  the  Votes  shall  be  taken  by  States,  the 
Representation  from  each  State  having  one  Vote;  A  quorum  for  this 
Purpose  shall  consist  of  a  Member  or  Members  from  two  thirds  of  the 
States,  and  a  Majority  of  all  the  States  shall  be  necessary  to  a  Choice. 
In  every  Case,  after  the  Choice  of  the  President,  the  Person  having  the 
greatest  Number  of  Votes  of  the  Electors  shall  be  the  Vice  President. 
But  if  there  should  remain  two  or  more  who  have  equal  Votes,  the 
Senate  shall  chuse  from  them  by  Ballot  the  Vice  President. 

The  Congress  may  determine  the  Time  of  chusing  the  Electors,  and 
the  Day  on  which  they  shall  give  their  Votes;  which  Day  shall  be  the 
same  throughout  the  United  States. 


28  Messages  and  Papers  of  the  Presidents 

No  Person  except  a  natural  bom  Citizen,  or  a  Citizen  of  the  United 
States,  at  the  time  of  the  Adoption  of  this  Constitution,  shall  be  eligible 
to  the  Office  of  President;  neither  shall  any  Person  be  eligible  to  that 
Office  who  shall  not  have  attained  to  the  Age  of  thirty  five  Years,  and 
been  fourteen  Years  a  Resident  within  the  United  States. 

In  Case  of  the  Removal  of  the  President  from  Office,  or  of  his  Death, 
Resignation,  or  Inability  to  discharge  the  Powers  and  Duties  of  the  said 
Office,  the  Same  shall  devolve  on  the  Vice  President,  and  the  Congress 
may  by  Law  provide  for  the  Case  of  Removal,  Death,  Resignation  or 
Inability,  both  of  the  President  and  Vice  President,  declaring  what 
Officer  shall  then  act  as  President,  and  such  Officer  shall  act  accord- 
ingly, until  the  Disability  be  removed,  or  a  President  shall  be  elected. 

The  President  shall,  at  stated  Times,  receive  for  his  Services,  a  Com- 
pensation, which  shall  neither  be  encreased  nor  diminished  diuing  the 
Period  for  which  he  shall  have  been  elected,  and  he  shall  not  receive 
within  that  Period  any  other  Emolument  from  the  United  States,  or  any 
of  them. 

Before  he  enter  on  the  Execution  of  his  Office,  he  shall  take  the 
following  Oath  or  Affirmation: — "  I  do  solemnly  swear  (or  affirm)  that 
I  will  faithfully  execute  the  Office  of  President  of  the  United  States, 
and  will  to  the  best  of  my  Ability,  preserve,  protect  and  defend  the 
Constitution  of  the  United  States." 

Section.  2.  The  President  shall  be  Commander  in  Chief  of  the  Army 
and  Navy  of  the  United  States,  and  of  the  Militia  of  the  several  States, 
when  called  into  the  actual  Service  of  the  United  States;  he  may  require 
the  Opinion,  in  writing,  of  the  principal  Officer  in  each  of  the  executive 
Departments,  upon  any  Subject  relating  to  the  Duties  of  their  respective 
Offices,  and  he  shall  have  Power  to  grant  Reprieves  and  Pardons  for 
Offences  against  the  United  States,  except  in  Cases  of  Impeachment. 

He  shall  have  Power,  by  and  with  the  Advice  and  Consent  of  the 
Senate,  to  make  Treaties,  provided  two  thirds  of  the  Senators  present 
concur;  and  he  shall  nominate,  and  by  and  with  the  Advice  and  Consent 
of  the  Senate,  shall  appoint  Ambassadors,  other  public  Ministers  and 
Consuls,  Judges  of  the  supreme  Court,  and  all  other  Officers  of  the 
United  States,  whose  Appointments  are  not  herein  otherwise  provided 
for,  and  which  shall  be  established  by  Law:  but  the  Congress  may  by 
Law  vest  the  Appointment  of  such  inferior  Officers,  as  they  think 
proper,  in  the  President  alone,  in  the  Courts  of  Law,  or  in  the  Heads 
of  Departments. 


The  Constitution  29 

The  President  shall  have  Power  to  fill  up  all  Vacancies  that  may 
happen  during  the  Recess  of  the  Senate,  by  granting  Commissions  which 
shall  expire  at  the  End  of  their  next  Session. 

Section.  3.  He  shall  from  time  to  time  give  to  the  Congress  Informa- 
tion of  the  State  of  the  Union,  and  recommend  to  their  Consideration 
such  Measures  as  he  shall  judge  necessary  and  expedient;  he  may,  on 
extraordinary  Occasions,  convene  both  Houses,  or  either  of  them,  and 
in  Case  of  Disagreement  between  them,  with  Respect  to  the  Time  of 
Adjournment,  he  may  adjourn  them  to  such  Time  as  he  shall  think 
proper;  he  shall  receive  Ambassadors  and  other  public  Ministers;  he 
shall  take  Care  that  the  Laws  be  faithfully  executed,  and  shall  Commis- 
sion all  the  Ofi&cers  of  the  United  States. 

Section.  4.  The  President,  Vice  President  and  all  civil  Ofi&cers  of  the 
United  States,  shall  be  removed  from  Office  on  Impeachment  for,  and 
Conviction  of,  Treason,  Bribery,  or  other  high  Crimes  and  Misdemeanors. 


Section,  i.  The  judicial  Power  of  the  United  States,  shall  be  vested  in 
one  supreme  Court,  and  in  such  inferior  Courts  as  the  Congress  may  from 
time  to  time  ordain  and  establish.  The  Judges,  both  of  the  supreme  and 
inferior  Courts,  shall  hold  their  Ofifices  during  good  Behaviour,  and  shall, 
at  stated  Times,  receive  for  their  Services,  a  Compensation,  which  shall 
not  be  diminished  during  their  Continuance  in  Ofiice. 
Section.  2.  The  judicial  Power  shall  extend  to  all  Cases,  in  Law  and 
Equity,  arising  under  this  Constitution,  the  Laws  of  the  United  States, 
and  Treaties  made,  or  which  shall  be  made,  under  their  Authority; — to 
all  Cases  affecting  Ambassadors,  other  public  Ministers  and  Consuls; — 
toi  all  Cases  of  admiralty  and  maritime  Jurisdiction; — to  Controversies  to 
which  the  United  States  shall  be  a  Party; — to  Controversies  between 
two  or  more  States; — ^between  a  State  and  Citizens  of  another  State; — 
between  Citizens  of  different  States, — ^between  Citizens  of  the  same  State 
claiming  Lands  under  Grants  of  different  States,  and  between  a  State,  or 
the  Citizens  thereof,  and  foreign  States,  Citizens  or  Subjects. 

In  all  Cases  affecting  Ambassadors,  other  public  Ministers  and  Con- 
suls, and  those  in  which  a  State  shall  be  Party,  the  supreme  Court  shall 
have  original  Jurisdiction.  In  all  the  other  Cases  before  mentioned,  the 
supreme  Court  shall  have  appellate  Jurisdiction,  both  as  to  Law  and 


30  Messages  and  Papers  of  the  Presidents 

Fact,  with  such  Exceptions,  and  under  such  Regulations  as  the  Congress 
shall  make.    • 

The  Trial  of  all  Crimes,  except  in  Cases  of  Impeachment,  shall  be  by 
Jur}-;  and  such  Trial  shall  be  held  in  the  State  where  the  said  Crimes 
shall  have  been  committed;  but  when  not  committed  within  any  State, 
the  Trial  shall  be  at  such  Place  or  Places  as  the  Congress  may  by  I^aw 
have  directed. 

Section,  3.  Treason  against  the  United  States,  shall  consist  only  in 
levying  War  against  them,  or  in  adhering  to  their  Enemies,  giving  them 
Aid  and  Comfort.  No  Person  shall  be  convicted  of  Treason  unless  on 
the  Testimony  of  two  Witnesses  to  the  same  overt  Act,  or  on  Confession 
in  open  Court. 

The  Congress  shall  have  Power  to  declare  the  Punishment  of  Treason, 
but  no  Attainder  of  Treason  shall  work  Corruption  of  Blood,  or  Forfei- 
ture except  during  the  Life  of  the  Person  attainted. 

|it:tijcXc.  IV. 

Section,  i.  Full  Faith  and  Credit  shall  be  given  in  each  State  to  the 

public  Acts,  Records,  and  judicial  Proceedings  of  every  other  State. 

And  the  Congress  may  by  general  Laws  prescribe  the  Manner  in  which 

such  Acts,  Records  and  Proceedings  shall  be  proved,  and  the  Effect 

thereof. 

Section.  2.  The  Citizens  of  each  State  shall  be  entitled  to  all  Privileges 

and  Immunities  of  Citizens  in  the  several  States. 

A  Person  charged  in  any  State  with  Treason,  Felony,  or  other  Crime, 
who  shall  flee  from  Justice,  and  be  found  in  another  State,  shall  on 
Demand  of  the  executive  Authority  of  the  State  from  which  he  fled, 
be  delivered  up,  to  be  removed  to  the  State  having  Jurisdiction  of  the 
Crime. 

No  Person  held  to  Service  or  Labour  in  one  State,  under  the  Laws 
thereof,  escaping  into  another,  shall,  in  Consequence  of  any  Law  or  Regu- 
lation therein,  be  discharged  from  such  Service  or  Labour,  but  shall  be 
delivered  up  on  Claim  of  the  Party  to  whom  such  Service  or  Labour  may 
be  due. 

Section.  3.  New  States  may  be  admitted  by  the  Congress  into  this 
Union;  but  no  new  State  shall  be  formed  or  erected  within  the  Jurisdiction 
of  any  other  State;  nor  any  State  be  formed  by  the  Junction  of  two  or 
more  States,  or  Parts  of  States,  without  the  Consent  of  the  Legislatures 
of  the  States  concerned  as  well  as  of  the  Congress. 


The  Constitution  31 

The  Congress  shall  have  Power  to  dispose  of  and  make  all  needful 
Rules  and  Regulations  respecting  the  Territory  or  other  Property 
belonging  to  the  United  States;  and  nothing  in  this  Constitution  shall 
be  so  construed  as  to  Prejudice  any  Claims  of  the  United  States,  or  of 
any  particular  State. 

Section.  4.  The  United  States  shall  guarantee  to  every  State  in  this 
Union  a  Republican  Form  of  Government,  and  shall  protect  each  of 
them  against  Invasion;  and  on  Application  of  the  Legislature,  or  of  the 
Executive  (when  the  Legislature  cannot  be  convened)  against  domestic 
Violence. 

%,xX\tXz.  V. 

The  Congress,  whenever  two  thirds  of  both  Houses  shall  deem  it 
necessary,  shall  propose  Amendments  to  this  Constitution,  or,  on  the 
Application  of  the  Legislatures  of  two  thirds  of  the  several  States,  shall 
call  a  Convention  for  proposing  Amendments,  which,  in  either  Case, 
shall  be  valid  to  all  Intents  and  Purposes,  as  Part  of  this  Constitution, 
when  ratified  by  the  Legislatures  of  three  fourths  of  the  several  States, 
or  by  Conventions  in  three  fourths  thereof,  as  the  one  or  the  other  Mode 
of  Ratification  may  be  proposed  by  the  Congress;  Provided  that  no 
Amendment  which  may  be  made  prior  to  the  Year  One  thousand  eight 
hundred  and  eight  shall  in  any  Manner  affect  the  first  and  fourth 
Clauses  in  the  Ninth  Section  of  the  first  Article;  and  that  no  State, 
without  its  Consent,  shall  be  deprived  of  it's  equal  Suffrage  in  the 
Senate. 

J^rtijcXjc.  VI. 

All  Debts  contracted  and  Engagements  entered  into,  before  the  Adop- 
tion of  this  Constitution,  shall  be  as  valid  against  the  United  States 
under  this  Constitution,  as  under  the  Confederation. 

This  Constitution,  and  the  Laws  of  the  United  States  which  shall 
be  made  in  Pursuance  thereof;  and  all  Treaties  made,  or  which  shall  be 
made,  under  the  Authority  of  the  United  States,  shall  be  the  supreme 
Law  of  the  Land;  and  the  Judges  in  every  State  shall  be  bound  thereby, 
any  Thing  in  the  Constitution  or  Laws  of  any  State  to  the  Contrary 
notwithstanding. 

The  Senators  and  Representatives  before  mentioned,  and  the  Members 
of  the  several  State  Legislatures,  and  all  executive  and  judicial  Officers, 
both  of  the  United  States  and  of  the  several  States,  shall  be  bound  by 


32 


Messages  and  Papers  of  the  Presidents 


Oath  or  Affirmation,  to  support  this  Constitution;  but  no  religious  Test 
shall  ever  be  required  as  a  Qualification  to  any  Office  or  public  Trust 
under  the  United  States. 

I^tttjcle.  vn. 

The  Ratification  of  the  Conventions  of  nine  States,  shall  be  sufficient 
for  the  Establishment  of  this  Constitution  between  the  States  so  ratifying 
the  Same. 

The  Word,  "the,"  being  inter- 
lined between  the  seventh  and 
eighth  Lines  of  the  first  Page, 
The  Word  "Thirty"  being 
partly  written  on  an  Erazure  in 
the  fifteenth  Line  of  the  first 
Page,  The  Words  "is  tried" 
being  interlined  between  the 
thirty  second  and  thirty  third 
Lines  of  the  first  Page  and  the 
Word  "the"  being  interlined 
between  the  forty  third  and 
forty  fourth  Lines  of  the  second 
Page. 

Attest  William  Jackson  Secretary 


{JiaXlH,  in  Convention  by  the  Unanimous  Con- 
sent of  the  States  present  the  Seventeenth 
Day  of  September  in  the  Year  of  our  Lord 
one  thousand  seven  hundred  and  Eighty  seven 
and  of  the  Independance  of  the  United  States 
of  America  the  Twelfth  ^tX  XUitttJCBS  whereof 
We  have  hereunto  subscribed  our  Names, 


New  Hampshire 


GO  WASHINGTON— Presidt 

and  deputy  from  Virginia 

f  John  Langdon       \ 
\  Nicholas  Oilman  f 


Massachusetts 


f  Nathaniel  Gorham 
IRufus  King 


Connecticut 


|W^  Sam^  Johnson 
1  Roger  Sherman 


New  York 


New  Jersey 


Pensylvania 


Alexander  Hamilton 
Wil:  Livingston 
David  Brearley. 
W^  Paterson. 
JoNA:  Dayton 

B  Franklin 
Thomas  Mifflin 
RoB*^  Morris 
Geo.  Clymer 
Tho^  FitzSimons 
Jared  Ingersoll 
James  Wilson 
Gouv  Morris 


The  Consiihilion 


33 


Delaware 


Maryland 


f  Geo:  Read 
Gunning  Bedford  jun 
John  Dickinson 
Richard  Bassett 
Jaco:  Broom 

{James  M^Henry 
Dan  of  S'^  Tho®  Jenifer 
Dan^  Carroll 


Virginia 


North  Carolina 


[John  Blair— 
[James  Madison  Jr. 

W^  Blount 

Rich"  Dobbs  Spaight. 

Hu  Williamson 


South  Carolina 


fj.    RUTLEDGE 

Charles  Cotesworth  Pinckney 
Charles  Pinckney 
Pierce  Butler. 


Georgia 


j  William  Few 
IAbr  Baldwin 


Jn  OTOWtrjentiOlI  Monday  September  if^  1787. 

Present 
The  States  of 

New  Hampshire,  Massachusetts,  Connecticut,  M*"  Hamilton  from  New 
York,  New  Jersey,  Pennsylvania,  Delaware,  Maryland,  Virginia,  North 
Carolina,  South  Carolina  and  Georgia. 

That  the  preceeding  Constitution  be  laid  before  the  United  States 
in  Congress  assembled,  and  that  it  is  the  Opinion  of  this  Convention, 
that  it  should  afterwards  be  submitted  to  a  Convention  of  Delegates, 
chosen  in  each  State  by  the  People  thereof,  under  the  Recommendation 
of  its  Legislature,  for  their  Assent  and  Ratification;  and  that  each  Con- 
vention assenting  to,  and  ratifying  the  Same,  should  give  Notice  thereof 
to  the  United  States  in  Congress  assembled. 
M  P — VOL  I — 3 


34  Messages  and  Papers  of  the  Presidents 

Resolved,  That  it  is  the  Opinion  of  this  Convention,  that  as  soon  as 
the  Conventions  of  nine  States  shall  have  ratified  this  Constitution,  the 
United  States  in  Congress  assembled  should  fix  a  Day  on  which  Electors 
should  be  appointed  by  the  States  which  shall  have  ratified  the  same, 
and  a  Day  on  which  the  Electors  should  assemble  to  vote  for  the  Presi- 
dent, and  the  Time  and  Place  for  commencing  Proceedings  under  this 
Constitution.  That  after  such  Publication  the  Electors  should  be  ap- 
pointed, and  the  Senators  and  Representatives  elected:  That  the  Elect- 
ors should  meet  on  the  Day  fixed  for  the  Election  of  the  President,  and 
should  transmit  their  Votes  certified,  signed,  sealed  and  directed,  as  the 
Constitution  requires,  to  the  Secretary  of  the  United  States  in  Congress 
assembled,  that  the  Senators  and  Representatives  should  convene  at  the 
Time  and  Place  assigned;  that  the  Senators  should  appoint  a  President 
of  the  Senate,  for  the  sole  Purpose  of  receiving,  opening  and  counting 
the  Votes  for  President;  and,  that  after  he  shall  be  chosen,  the  Congress, 
together  with  the  President,  should,  without  Delay,  proceed  to  execute 
this  Constitution. 

By  the  Unanimous  Order  of  the  Convention 

Gy  WASHINGTON  Presid^ 
W.  Jackson  Secretary. 


Articles  in  addition  to,  and  Amendment  of  the  Constitution  of  the 
United  States  of  America,  proposed  by  Congress,  and  ratified  by 
.  the  Legislatures  of  the  several  States,  pursuant  to  the  fifth  Article 
of  the  original  Constitution. 

[ItrticXje  I.] 

Congress  shall  make  no  law  respecting  an  establishment  of  religion, 
or  prohibiting  the  free  exercise  thereof;  or  abridging  the  freedom  of 
speech,  or  of  the  press;  or  the  right  of  the  people  peaceably  to  assemble, 
and  to  petition  the  Government  for  a  redress  of  grievances. 

[J^rttJcXje  II.] 

A  well  regulated  Militia,  being  necessary  to  the  security  of  a  free 
State,  the  right  of  the  people  to  keep  and  bear  Anns,  shall  not  be 
infringed. 


The  Constitution  35 

\%x\Xi:Xt  III.] 

No  Soldier  shall,  in  time  of  peace  be  quartered  in  any  house,  without 
the  consent  of  the  Owner,  nor  in  time  of  war,  but  in  a  manner  to  be 
prescribed  by  law. 

\%xXxaz  IV.] 

The  right  of  the  people  to  be  secure  in  their  persons,  houses,  papers, 
and  effects,  against  unreasonable  searches  and  seizures,  shall  not  be  vio- 
lated, and  no  Warrants  shall  issue,  but  upon  probable  cause,  supported  by 
Oath  or  affirmation,  and  particularly  describing  the  place  to  be  searched, 
and  the  persons  or  things  to  be  seized. 

[IllCtijClje  v.] 

No  person  shall  be  held  to  answer  for  a  capital,  or  otherwise  infamous 
crime,  unless  on  a  presentment  or  indictment  of  a  Grand  Jury,  except  in 
cases  arising  in  the  land  or  naval  forces,  or  in  the  Militia,  when  in 
actual  service  in  time  of  War  or  public  danger;  nor  shall  any  person  be 
subject  for  the  same  offence  to  be  twice  put  in  jeopardy  of  life  or  limb; 
nor  shall  be  compelled  in  any  criminal  case  to  be  a  witness  against 
himself,  nor  be  deprived  of  life,  liberty,  or  property,  without  due  process 
of  law;  nor  shall  private  property  be  taken  for  public  use,  without  just 
compensation, 

[^iCttcXje  VL] 

In  all  criminal  prosecutions,  the  accused  shall  enjoy  the  right  to  a 
speedy  and  public  trial,  by  an  impartial  jury  of  the  State  and  district 
wherein  the  crime  shall  have  been  committed,  which  district  shall  have 
been  previously  ascertained  by  law,  and  to  be  informed  of  the  nature 
and  cause  of  the  accusation;  to  be  confronted  \\dth  the  witnesses  against 
him;  to  have  compulsory  process  for  obtaining  witnesses  in  his  favor, 
and  to  have  the  Assistance  of  Counsel  for  his  defence. 

\%xX\az  VIL] 

In  Suits  at  common  law,  where  the  value  in  controversy  shall  exceed 
twenty  dollars,  the  right  of  trial  by  jury  shall  be  preserved,  and  no  fact 
tried  by  a  jury,  shall  be  otherwise  re-examined  in  any  Court  of  the  United 
States,  than  according  to  the  rules  of  the  common  law. 


36  Messages  and  Papers  of  the  Presidents 

[^rtUXe  VIIL] 

Excessive  bail  shall  not  be  required,  nor  excessive  fines  imposed,  nor 
cruel  and  unusual  punishments  inflicted. 

[Iirticle  IX.] 

The  enumeration  in  the  Constitution,  of  certain  rights,  shall  not  be 
construed  to  deny  or  disparage  others  retained  by  the  people. 

[^rttcXe  X.] 

The  powers  not  delegated  to  the  United  States  by  the  Constitution, 
nor  prohibited  by  it  to  the  States,  are  reserved  to  the  States  respectively, 
or  to  the  people. 

{^xlxtXz  XL] 

The  Judicial  power  of  the  United  States  shall  not  be  construed  to 
extend  to  any  suit  in  law  or  equity,  commenced  or  prosecuted  against 
one  of  the  United  States  by  Citizens  of  another  State,  or  by  Citizens  or 
Subjects  of  any  Foreign  State. 

[^rtlcXje  XII.] 

The  Electors  shall  meet  in  their  respective  states,  and  vote  by  ballot 
for  President  and  Vice-President,  one  of  whom,  at  least,  shall  not  be  an 
inhabitant  of  the  same  state  with  themselves;  they  shall  name  in  their 
ballots  the  person  voted  for  as  President,  and  in  distinct  ballots  the  per- 
son voted  for  as  Vice-President,,  and  they  shall  make  distinct  lists  of  all 
persons  voted  for  as  President,  and  of  all  persons  voted  for  as  Vice- 
President,  and  of  the  number  of  votes  for  each,  which  lists  they  shall 
sign  and  certify,  and  transmit  sealed  to  the  seat  of  the  government  of  the 
United  States,  directed  to  the  President  of  the  Senate; — The  President  of 
the  Senate  shall,  in  the  presence  of  the  Senate  and  House  of  Representa- 
tives, open  all  the  certificates  and  the  votes  shall  then  be  counted ; — The 
person  having  the  greatest  number  of  votes  for  President,  shall  be  the 
President,  if  such  number  be  a  majority  of  the  whole  number  of  Electors 
appointed;  and  if  no  person  have  such  majority,  then  from  the  persons 
having  the  highest  numbers  not  exceeding  three  on  the  list  of  those 


The  Constitution  37 

voted  for  as  President,  the  House  of  Representatives  shall  choose  imme- 
diately, by  ballot,  the  President.  But  in  choosing  the  President,  the 
votes  shall  be  taken  by  states,  the  representation  from  each  state  hax-ing 
one  vote;  a  quorum  for  this  purpose  shall  consist  of  a  member  or  mem- 
bers from  two-thirds  of  the  states,  and  a  majority  of  all  the  states  shall 
be  necessary  to  a  choice.  And  if  the  House  of  Representatives  shall  not 
choose  a  President  whenever  the  right  of  choice  shall  devolve  upon 
them,  before  the  fourth  day  of  March  next  following,  then  the  Vice- 
President  shall  act  as  President,  as  in  the  case  of  the  death  or  other 
constitutional  disability  of  the  President. — The  person  having  the  great- 
est number  of  votes  as  Vice-President,  shall  be  the  Vice-President,  if 
such  number  be  a  majority  of  the  whole  number  of  Electors  appointed, 
and  if  no  person  have  a  majority,  then  from  the  two  highest  numbers  on 
the  list,  the  Senate  shall  choose  the  Vice-President;  a  quorum  for  the 
purpose  shall  consist  of  two-thirds  of  the  whole  number  of  Senators,  and 
a  majority  of  the  whole  number  shall  be  necessary  to  a  choice.  But 
no  person  constitutionally  ineligible  to  the  office  of  President  shall  be 
eligible  to  that  of  Vice-President  of  the  United  States. 

'^xixtU  XIII. 

Section  i.  Neither  slavery' nor  involuntary  servitude,  except  as  a  pun- 
ishment for  crime  whereof  the  part}'  shall  have  been  duly  convicted, 
shall  exist  within  the  United  States,  or  any  place  subject  to  their  juris- 
diction. 

Section.  2.  Congress  shall  have  power  to  enforce  this  article  by  appro- 
priate legislation. 

^xWtXz  XIV. 

Section  i.  All  persons  bom  or  naturalized  in  the  United  States,  and 
subject  to  the  jurisdiction  thereof,  are  citizens  of  the  United  States  and 
of  the  State  wherein  they  reside.  No  State  shall  make  or  enforce  any 
law  which  shall  abridge  the  privileges  or  immunities  of  citizens  of  the 
United  States;  nor  shall  any  State  deprive  any  person  of  life,  libert)',  or 
property,  without  due  process  of  law;  nor  deny  to  any  person  within  its 
jurisdiction  the  equal  protection  of  the  laws. 

Section  2.  Representatives  shall  be  apportioned  among  the  several 
States  according  to  their  respective  numbers,  counting  the  whole  number 
of  persons  in  each  State,  excluding  Indians  not  taxed.     But  when  the 


38  Messages  and  Papers  of  the  Presidents 

right  to  vote  at  any  election  for  the  choice  of  electors  for  President  and 
Vice  President  of  the  United  States,  Representatives  in  Congress,  the 
Executive  and  Judicial  officers  of  a  State,  or  the  members  of  the  Legis- 
lature thereof,  is  denied  to  any  of  the  male  inhabitants  of  such  State, 
being  twenty-one  years  of  age,  and  citizens  of  the  United  States,  or  in 
any  way  abridged,  except  for  participation  in  rebellion,  or  other  crime, 
the  basis  of  representation  therein  shall  be  reduced  in  the  proportion 
which  the  number  of  such  male  citizens  shall  bear  to  the  whole  number 
of  male  citizens  twenty-one  years  of  age  in  such  State. 
Section  3.  No  person  shall  be  a  Senator  or  Representative  in  Con- 
gress, or  elector  of  President  and  Vice  President,  or  hold  any  office,  civil 
or  military,  under  the  United  States,  or  under  any  State,  who,  having 
previousl}'  taken  an  oath,  as  a  member  of  Congress,  or  as  an  officer  of 
the  United  States,  or  as  a  member  of  any  State  legislature,  or  as  an  exec- 
utive or  judicial  ofl&cer  of  any  State,  to  support  the  Constitution  of  the 
United  States,  shall  have  engaged  in  insurrection  or  rebellion  against 
the  same,  or  given  aid  or  comfort  to  the  enemies  thereof.  But  Congress 
may  by  a  vote  of  two-thirds  of  each  House,  remove  such  disability. 
Section  4.  The  validity  of  the  public  debt  of  the  United  States,  author- 
ized by  law,  including  debts  incurred  for  payment  of  pensions  and 
bounties  for  services  in  suppressing  insurrection  or  rebellion-,  shall  not 
be  questioned.  But  neither  the  United  States  nor  any  State  shall  assume 
or  pay  any  debt  or  obligation  incurred  in  aid  of  insurrection  or  rebellion 
against  the  United  States,  or  any  claim  for  the  loss  or  emancipation  of 
any  slave;  but  all  such  debts,  obligations  and  claims  shall  be  held  illegal 
and  void. 

Section  5.   The  Congress  shall  have  power  to  enforce,  by  appropriate 
legislation,  the  provisions  of  this  article. 

%x\xtXz  XV. 

Section  i.  The  right  of  citizens  of  the  United  States  to  vote  shall  not 
be  denied  or  abridged  by  the  United  States  or  by  any  State  on  account 
of  race,  color,  or  previous  condition  of  servitude — 

Section  2.  The  Congress  shall  have  power  to  enforce  this  article  by 
appropriate  legislation — 


George  Washington 

April  30,  1789,  to  March  4,  1797 


39 


George  Washington 


George  Washington  was  born  at  Bridges  Creek,  on  the  Potomac 
River,  in  Westmoreland  County,  Va. ,  on  the  22d  day  of  February  (or 
nth,  old  style),  1732.  Augustine  Washington,  his  father,  was  a  son 
of  Lawrence  Washington,  who  came  to  Virginia  from  England  in  1657, 
and  settled  at  Bridges  Creek.  Augustine  Washington  died  in  1743, 
leaving  several  children,  George  being  the  eldest  by  his  second  wife, 
Mary  Ball.  At  the  early  age  of  19  years  he  was  appointed  adjutant- 
general  of  one  of  the  districts  of  Virginia,  with  the  rank  of  major.  In 
November,  1753,  he  was  sent  by  Lieutenant-Governor  Dinwiddie,of  Vir- 
ginia, to  visit  the  French  army  in  the  Ohio  Valley  on  important  business. 
War  followed,  and  in  1754  he  was  promoted  to  the  rank  of  lieutenant- 
colonel,  and  engaged  in  the  war.  In  1755  he  acted  as  aid-de-camp  to 
General  Braddock.  Soon  after  this  he  was  appointed  by  the  legislature 
commander  in  chief  of  all  the  forces  of  the  Colony,  and  for  three  years 
devoted  himself  to  recruiting  and  organizing  troops  for  her  defense.  In 
1 758  he  commanded  a  successful  expedition  to  Fort  Du  Quesne.  He  then 
left  the  Army,  and  was  married  to  Mrs.  Martha  Custis,  a  widow  lady  of 
Virginia.  For  sixteen  years  he  resided  at  Mount  Vernon,  occasionally 
acting  as  a  magistrate  or  as  a  member  of  the  legislature.  He  was  a  dele- 
gate to  the  Williamsburg  convention,  August,  1773,  which  resolved  that 
taxation  and  representatioti  were  inseparable.  In  1774  he  was  sent  to  the 
Continental  Congress  as  a  delegate  from  Virginia.  The  following  3'ear 
he  was  unanimously  chosen  commander  in  chief,  and  assumed  the  com- 
mand of  the  Continental  Army  July  2,  1775.  He  commanded  the  armies 
throughout  the  War  for  Independence.  At  the  close  he  resigned  his 
commission,  December  23,  1783,  and  retired  to  private  life.  He  was  a 
delegate  to,  and  president  of,  the  National  Convention  which  met  in 
Philadelphia,  Pa.,  in  May,  1787,  and  adopted  a  new  Constitution,  that 
greatly  increased  the  power  of  the  Federal  Government.  He  was  unani- 
mously elected  the  first  President  of  the  United  States,  and  was  inaugu-i 
rated  on  the  30th  of  April,  1789,  in  New  York  City,  and  at  the  end  of 
his  fir.st  term  was  luianimously  reelected.  He  retired  March  4,  1797, 
having  declined  a  third  term.  In  September,  1796,  he  issued  his  Fare- 
well Address  to  the  people.  July  3,  1798,  he  was  again  appointed  to 
the  conunand  of  the  armies  of  the  United  States,  with  the  rank  of 
lieutenant-general.  He  was  a  Freemason,  and  served  as  master  of  his 
lodge.  He  died  at  Mount  Vernon,  Ya.,  after  a  short  illness,  December 
M>  1799.  ^"d  ^^"1^  buried  there. 

41 


42  Messages  and  Papers  of  the  Presidents 

PROCEEDINGS  INITIATORY  TO  THE  FIRST 
PRESIDENTIAL  INAUGURATION. 

[From  the  Washington  Papers  (Executive  Proceedings,  vol.  17),  Department  of  State.] 

Charles  Thomson,  esq. ,  Secretary  of  the  late  Congre.ss,  being  appointed 
by  the  Senate  of  the  United  States  to  carrj-  to  General  Washington  the 
official  information  of  his  unanimous  election  to  the  office  of  President 
of  the  United  States  of  America,  arrived  at  Mount  Vernon  on  the  14th 
day  of  April,  A.  D.  1789,  when  he  communicated  to  General  Washing- 
ton the  purport  of  his  mission  in  the  following  words : 

Sir:  The  President  of  the  Senate  chosen  for  the  special  purpose, 
having  opened  and  counted  the  votes  of  the  electors  in  presence  of  the 
Senate  and  House  of  Representatives,  I  was  honored  with  the  commands 
of  the  Senate  to  wait  upon  Your  Excellency  with  the  information  of  your 
being  elected  to  the  office  of  President  of  the  United  States  of  America. 
This  commission  was  intrusted  to  me  on  account  of  my  having  been  long 
in  the  confidence  of  the  late  Congress,  and  charged  with  the  duties  of 
one  of  the  principal  civil  departments  of  Government. 

I  have  now,  sir,  to  inform  you  that  the  proofs  you  have  given  of  your 
patriotism,  and  of  3'our  readiness  to  sacrifice  domestic  ease  and  private 
enjoyments  to  preser\'e  the  happiness  of  yonx  country,  did  not  permit  the 
two  Houses  to  harbor  a  doubt  of  yoiu"  undertaking  this  great  and  impor- 
tant office,  to  which  you  are  called,  not  only  by  the  unanimous  vote  of 
the  electors,  but  b}*  the  voice  of  America. 

I  have  it,  therefore,  in  command  to  accompany  you  to  New  York, 
where  the  Senate  and  House  of  Representatives  are  convened  for  the 
dispatch  of  public  business. 

To  which  General  Washington  replied  : 

Sir:  I  have  been  accustomed  to  pay  so  much  respect  to  the  opinion  of 
my  fellow-citizens  that  the  knowledge  of  their  having  given  their  unan- 
imous suffrages  in  my  favor  scarcely  leaves  me  the  alternative  for  an 
option.  I  can  not,  I  believe,  give  a  greater  evidence  of  my  sensibility  of 
the  honor  which  they  have  done  me  than  by  accepting  the  appointment. 

I  am  so  much  affected  by  this  fresh  proof  of  my  country's  esteem  and 
confidence  that  silence  can  best  explain  my  gratitude.  While  I  realize 
the  arduous  nature  of  the  task  which  is  imposed  upon  me,  and  feel  my 
own  inability  to  perform  it,  I  wi-sh,  however,  that  there  may  not  be 
reason  for  regretting  the  choice,  for,  indeed,  all  I  can  promise  is  only  to 
accomplish  that  which  can  l)e  done  by  ati  honest  zeal. 

Upon  con.sidering  how  long  time  some  of  the  gentlemen  of  both  Houses 
of  Congress  have  been  at  New  York,  how  anxiously  desirous  they  must 


George  Washington  43 

be  to  proceed  to  business,  and  how  deeply  the  pubhc  mind  appears  to  be 
impressed  with-the  necessity  of  doing  it  speedily,  I  can  not  find  myself 
at  liberty  to  delay  ray  journey.  I  shall  therefore  be  in  readiness  to  set 
out  the  day  after  to-morrow,  and  shall  be  happy  in  the  pleasure  of  your 
company,  for  you  will  permit  me  to  say  that  it  is  a  peculiar  gratification 
to  have  received  the  communication  from  you. 

OFFICIAL  INFORMATION  OF  THE  ELECTION  OF  THE  PRESIDENT  OF 
THE  UNITED  STATES,  APRIL  6,  1789. 

Be  it  known  that  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America,  being  convened  in  the  city  and  State  of  New  York, 
this  6th  day  of  April,  A.  D.  1789,  the  under^vritten,  appointed  President 
of  the  Senate  for  the  sole  purpose  of  receiving,  opening,  and  counting  the 
votes  of  the  electors,  did,  in  the  presence  of  the  said  Senate  and  House 
of  Representatives,  open  all  the  certificates  and  count  all  the  votes  of  the 
electors  for  a  President  and  Vice-President,  by  which  it  appears  that 
His  Excellency  George  Washington,  esq. ,  was  unanimously  elected,  agree- 
ably to  the  Constitution,  to  the  office  of  President  of  the  said  United 
States  of  America. 

In  testimony  whereof  I  have  hereunto  set  my  hand  and  seal. 

JOHN  LANGDON. 

Mount  Vernon,  April  i^,  1789. 
To  the  Honorable  John  Langdon, 

President  pro  tempore  of  the  Se?iate  of  the  United  States. 

Sir:  I  had  the  honor  to  receive  your  official  conununication,  by  the 
hand  of  Mr.  Secretary  Thomson,  about  i  o'clock  this  day.  Having 
concluded  to  obey  the  important  and  flattering  call  of  my  country,  and 
having  been  impressed  with  an  idea  of  the  expediency  of  my  being  with 
Congress  at  as  early  a  period  as  possible,  I  propose  to  commence  my 
journey  on  Thursday  morning,  which  will  be  the  day  after  to-morrow. 

I  have  the  honor  to  be,  with  sentiments  of  esteem,  sir,  your  most 
obedient  servant, 

GO  WASHINGTON. 

RESOLVE  OF  THE  SENATE  OF  THE  UNITED  STATES  RESPECTING 
MR.  OSGOOD'S  PREPARING  HIS  HOUSE  FOR  THE  RECEPTION  OF 
THE  PRESIDENT  OF  THE  UNITED  STATES. 

United  States  of  America, 

/;/  Senate,  April  75,  lySg. 

The  committee  to  whom  it  was  referred  to  consider  of  and  report  to 
the  House  respecting  the  ceremonial  of  receiving  the  President,  and  to 
whom  also  was  referred  a  letter  from  the  chairman  of  a  committee  of  the 


44  Messages  and  Papers  of  the  Presidents 

Senate  to  the  Speaker,  communicating  an  instruction  from  that  House 
to  a  committee  thereof  to  report  if  any  and  what  arrangements  are 
necessary  for  the  reception  of  the  Vice-President,  have  agreed  to  the 
following  report : 

That  Mr.  Osgood,  the  proprietor  of  the  house  lately  occupied  by  the 
President  of  Congress,  be  requested  to  put  the  same  and  the  furniture 
thereof  in  proper  condition  for  the  residence  and  use  of  the  President  of 
the  United  States,  and  otherwise,  at  the  expense  of  the  United  States, 
to  provide  for  his  temporar>'  accommodation. 

That  it  will  be  more  eligible,  in  the  first  instance,  that  a  committee 
of  three  members  from  the  Senate  and  five  members  from  the  House  of 
Representatives,  to  be  appointed  by  the  two  Houses  respectively,  attend 
to  receive  the  President  at  such  place  as  he  shall  embark  from  New 
Jersey  for  this  city,  and  conduct  him  without  form  to  the  house  lately 
occupied  by  the  President  of  Congress,  and  at  such  time  thereafter  as 
the  President  shall  signify  it  will  be  most  convenient  for  him,  he  be 
formally  received  by  both  Houses. 

Read  and  accepted. 

In  Senate,  April  i6,  1789. 
The  Senate  proceeded  by  ballot  to  the  choice  of  a  committee,  agreeably 
to  the  report  of  the  committee  of  both  Houses  agreed  to  the  15th  instant, 
when  the  Honorable  Mr.  Langdon,  the  Honorable  Mr.  Carroll,  and  the 
Honorable  Mr.  Johnson  were  chosen. 

A  true  copy  from  the  Journals  of  the  Senate. 
Attest: 

SAM.  A.  OTIS,  Secretary. 


RESOLVE  OF  THE  HOUSE  OF  REPRESENTATIVES  OF  THE  UXITED 

states  respecting  mr.  osgood's  preparing  his  house  for 
the  reception  of  the  president  of  the  united  states. 

In  the  House  of  Representatives 

OF  THE  United  States, 
Wednesday,  April  15,  1789. 

Mr.  Benson  reported  from  the  committee  to  whom  it  was  referred  to 
consider  of  and  report  to  the  House  respecting  the  ceremonial  of  receiv- 
ing the  President,  and  to  whom  was  also  referred  a  letter  from  the 
chairman  of  a  committee  of  the  Senate  to  the  Speaker,  communicating 
an  instruction  from  that  House  to  a  committee  thereof  to  report  if  any 
and  what  arrangements  are  necessary  for  the  reception  of  the  Vice- 
President,  that  the  committee  had,  according  to  order,  considered  of  the 
same,  and  had  agreed  to  a  report  thereupon,  which  he  delivered  in  at 


George  Washington  45 

the  Clerk's  table,  and  where  the  same  was  thrice  read,  and  the  question 
put  thereupon  agreed  to  by  the  House  as  followeth  : 

That  Mr.  Osgood,  the  proprietor  of  the  house  lately  occupied  by  the 
President  of  Congress,  be  requested  to  put  the  same  and  the  furniture 
therein  in  proper  order  for  the  residence  and  use  of  the  President  of  the 
United  States,  and  otherwise,  at  the  expense  of  the  United  States,  to 
provide  for  his  temporary  accommodation. 

That  it  will  be  most  eligible,  in  the  first  instance,  that  a  committee  of 
three  members  from  the  Senate  and  five  members  from  the  House  of 
Representatives,  to  be  appointed  by  the  Houses  respectively,  attend  to 
receive  the  President  at  such  place  as  he  shall  embark  from  New  Jersey 
for  this  city,  and  conduct  him  without  form  to  the  house  latel}'  occupied 
by  the  President  of  Congress,  and  that  at  such  time  thereafter  as  the 
President  shall  signify  it  will  be  most  convenient  for  him,  he  be  formally 
received  by  both  Houses. 

Extract  from  the  Journal. 

JOHN  BECKLEY,  Clerk. 

RESOLVE    OF   THE    HOUSE    OF    REPRESENTATIVES    RESPECTING    A 

committee  to  meet  the  president  of  the  united  states. 

In  the  House  of  Representatives 

OF  THE  United  States, 
Wednesday,  April  i^,  1789. 
Resolved,  That  it  will  be  most  eligible,  in  the  first  instance,  that  a  com- 
mittee of  three  members  from  the  Senate  and  five  members  from  the 
House  of  Representatives,  to  be  appointed  by  the  Houses  respectively, 
attend  to  receive  the  President  at  such  place  as  he  shall  embark  from 
New  Jersey  for  this  city,  and  conduct  him  without  form  to  the  house 
lately  occupied  by  the  President  of  Congress,  and  that  at  such  time 
thereafter  as  the  President  shall  signify,  he  be  formally  received  by  both 
Houses. 

Thursday,  April  16,  ij8g. 
The  committee  elected  on  the  part  of  this  House,  Mr.  Boudinot,  Mr. 
Bland,  Mr.  Tucker,  Mr.  Benson,  and  Mr.  Lawrance. 
Extract  from  the  Journal. 

JOHN  BECKIvEY,  Clerk. 

REQUEST  OF  THE  COMMITTEE  APPOINTED  'BY  CONGRESS  TO  KNOW 
WHEN  THEY  SHOULD  MEET  THE  PRESIDENT. 

The  committee  appointed  in  consequence  of  the  resolutions  of  both 
Houses  of  Congress,  and  which  accompany  this  note,  most  respectfully 
communicate  their  appointment  to  the  President  of  the  United  States, 
with  a  request  that  he  will  please  to  have  it  signified  to  them  when  they 


46  Messages  and  Papers  of  the  Presidents 

shall  attend,  with  a  barge  which  has  been  prepared  for  that  purpose,  to 
receive  him  at  Elizabeth  Town,  or  at  such  other  place  as  he  shall  choose 
to  embark  from  New  Jersey  for  this  city. 
New  York,  April  //,  lySg. 

JOHN  LANGDON. 

CHARLES  CARROLL,  of  Carrollton. 

WM.  SAMUEL  JOHNSON. 

ELIAS  BOUDINOT. 

THEODORICK  BLAND. 

THOS.  TUDR.  TUCKER. 

EGBT.  BENSON. 

JOHN  LAWRANCE. 

TO  THE  COMMITTEE  OF  CONGRESS  RESPECTING  THE  TIME  OF  THE 
PRESIDENT  MEETING  THEM  AT  ELIZABETH  TOWN. 

Philadelphia,  April  20,  ijSg. 
GENTLfiiMEN :  Upon  my  arrival  in  this  city  I  received  your  note,  with 
the  resolutions  of  the  two  Houses  which  accompanied  it,  and  in  answer 
thereto  beg  leave  to  inform  you  that,  knowing  how  anxious  both  Houses 
must  be  to  proceed  to  business,  I  shall  continue  my  journey  dispatch  as 
po.ssible.  To-morrow  evening  I  purpose  to  be  at  Trenton,  the  night 
following  at  Brunswick,  and  hope  to  have  the  pleasure  of  meeting  you 
at  Elizabeth  Town  point  on  Thursday  at  12  o'clock. 

G9  WASHINGTON. 

LETTER  FROM  THE  HONORABLE  ELIAS  BOUDINOT. 

New  York,  April  21,  lySg. 
His  Excellency  GEORGE  Washington,  Esq. 

Sir:  The  committee  have  just  received  Your  Excellency's  letter  of  the 
20th,  and  will  be  at  Elizabeth  Town  on  Thursday  morning. 

I  must  beg  Your  Excellency  will  alight  at  my  house,  where  the  com- 
mittee will  attend,  and  where  it  will  give  me  (in  a  particular  manner) 
the  utmost  pleasure  to  receive  you. 

I  have  the  honor  to  be,  with  the  most  profound  respect,  .sir,  your  most 
obedient  and  very  humble  servant, 

ELIAS  BOUDINOT. 

LETTER  FROM  THE  HONORABLE  ELLAS  BOUDINOT,  APRIL  23,  1789. 

Elizabeth  Town,  Wednesday  Evening. 
His  Excellency  George  Washington,  Esq. 

Sir:  I  have  the  honor  of  informing  Your  Excellency  that  the  commit- 
tees of  both  Houses  arrived  here  this  afternoon,  and  will  be  ready  to 


George  Washington  47 

receive  Your  Excellency  at  my  house  as  soon  as  you  can  arrive  here 
to-morrow  morning. 

If  you,  sir,  will  honor  us  with  your  company  at  breakfast,  it  will  give 
us  great  pleasure.  We  shall  wait  Your  Excellency's  arrival  in  hopes  of 
that  gratification.  You  can  have  a  room  to  dress  in,  if  you  should  think 
it  necessary,  as  convenient  as  you  can  have  it  in  town. 

I  have  the  honor  to  be  Your  Excellency's  most  obedient  humble 
servant, 

ELIAS  BOUDINOT. 


REPORT  OF  THE  COMMITTEE  OP  CONGRESS  RESPECTING  THE  TIME 
OF  THE  INAUGURATION  OF  THE  PRESIDENT. 

In  the  House  op  Representatives 

OF  THE  United  States, 

Saturday,  April  25,  1789. 

Mr.  Benson,  from  the  committee  appointed  to  consider  of  the  time, 
place,  and  manner  in  which,  and  of  the  person  by  whom,  the  oath  pre- 
scribed by  the  Constitution  shall  be  administered  to  the  President  of  the 
United  States,  and  to  confer  with  a  committee  of  the  Senate,  appointed 
for  the  purpose,  reported  as  followeth: 

That  the  President  hath  been  pleased  to  signify  to  them  that  any  time 
or  place  which  both  Houses  may  think  proper  to  appoint  and  any  man- 
ner which  shall  appear  most  eligible  to  them  will  be  convenient  and 
acceptable  to  him. 

That  requisite  preparations  can  not  probably  be  made  before  Thursday 
next;  that  the  President  be  on  that  day  formally  received  in  the  Senate 
Chamber;  that  the  Representatives.'  Chamber  being  capable  of  receiving 
the  greater  number  of  persons,  that  therefore  the  President  do  take  the 
oath  in  that  place  and  in  the  presence  of  both  Houses;  that  after  the 
formal  reception  of  the  President  in  the  Senate  Chamber  he  be  attended 
by  both  Houses  to  the  Representatives'  Chamber,  and  that  the  oath  be 
administered  by  the  chancellor  of  this  State. 

The  committee  further  report  it  as  their  opinion  that  it  will  be  proper 
that  a  committee  of  both  Houses  be  appointed  to  take  order  for  further 
conducting  the  ceremonial. 

The  said  report  was  twice  read,  and  on  the  question  put  thereupon 
was  agreed  to  by  the  House. 

Ordered,  That  Mr.  Benson,  Mr.  Ames,  and  Mr.  Carroll  be  a  committee 
on  the  part  of  this  House  pursuant  to  the  said  report. 

Extract  from  the  Journal. 

JOHN  BECKLEY,  Clerk. 


48  Messages  and  Papers  of  the  Presidents 

REPORT  OF  THE  COMMITTEE  OF  CONGRESS  TO  THE  SENATE 
RESPECTING  THE  TIME  OF  THE  INAUGURATION  OF  THE  PRESI- 
DENT. 

United  States  of  America, 

In  Senate,  April  2^,  lySg. 

The  committee  appointed  to  consider  of  the  time,  place,  and  manner 
in  which  and  of  the  person  by  whom  the  oath  prescribed  by  the  Consti- 
tution shall  be  administered  to.  the  President  of  the  United  States,  and 
to  confer  with  a  committee  of  the  House  appointed  for  that  purpose, 
report: 

That  the  President  hath  been  pleased  to  signify  to  them  that  any  time 
or  place  which  both  Houses  may  think  proper  to  appoint  and  any  manner 
which  shall  appear  most  eligible  to  them  will  be  convenient  and  accept- 
able to  him;  that  requisite  preparations  can  not  probably  be  made  before 
Thursday  next;  that  the  President  be  on  that  day  formally  received  in 
the  Senate  Chamber  by  both  Houses;  that  the  Representatives'  Chamber 
being  capable  of  receiving  the  greater  number  of  persons,  that  therefore 
the  President  do  take  the  oath  in  that  place  in  presence  of  both  Houses; 
that  after  the  formal  reception  of  the  President  in  the  Senate  Chamber 
he  be  attended  by  both  Houses  to  the  Representatives'  Chamber,  and 
that  the  oath  be  administered  by  the  chancellor  of  this  State. 

The  committee  further  report  it  as  their  opinion  that  it  will  be  proper 
that  a  committee  of  both  Houses  be  appointed  to  take  order  for  conductr 
ing  the  ceremonial. 

Read  and  accepted. 

And  Mr.  Ivce,  Mr.  Izard,  and  Mr.  Dalton,  on  the  part  of  the  Senate, 
together  with  the  committee  that  may  be  appointed  on  the  part  of  the 
House,  are  empowered  to  take  order  for  conducting  the  business. 

A  true  copy  from  the  Journals  of  Senate. 


In  Senate,  April  27,  1789. 

The  committees  appointed  to  take  order  for  conducting  the  ceremonial 
of  the  formal  reception,  etc. ,  of  the  President  report  that  it  appears  to 
them  more  eligible  that  the  oath  should  be  administered  to  the  President 
in  the  outer  gallery  adjoining  the  Senate  Chamber  than  in  the  Repre- 
sentatives' Chamber,  and  therefore  submit  to  the  respective  Houses  the 
propriety  of  authorizing  their  committees  to  take  order  as  to  the  place 
where  the  oath  shall  be  administered  to  the  President,  the  resolutions 
of  Saturday  assigning  the  Representatives'  Chamber  as  the  place  not- 
withstanding. 

Read  and  accepted. 

A  true  copy  from  the  Journals  of  the  Senate. 

SAM.  A.  OTIS,  Secretary. 


George  Washington  49 

ORDER  FOR  CONDUCTING  THE   CEREMONIAIv  FOR  THE  INAUGURA- 
TION OF  THE  PRESIDENT. 

The  committees  of  both  Houses  of  Congress  appointed  to  take  order 
for  conducting  the  ceremonial  for  the  formal  reception,  etc. ,  of  the  Presi- 
dent of  the  United  States  on  Thursday  next  have  agreed  to  the  following 
order  thereon,  viz : 

That  General  Webb,  Colonel  Smith,  lyieutenant-Colonel  Fish,  Major 
Franks,  Major  L' Enfant,  Major  Bleeker,  and  Mr.  John  R.  Livingston  be 
requested  to  serve  as  assistants  on  the  occasion. 
■     That  a  chair  be  placed  in  the  Senate  Chamber  for  the  President. 

That  a  chair  be  placed  in  the  Senate  Chamber  for  the  Vice-President, 
to  the  right  of  the  President's  chair,  and  that  the  Senators  take  their 
seats  on  that  side  of  the  Chamber  on  which  the  Vice-President's  chair 
shall  be  placed.  That  a  chair  be  placed  in  the  Senate  Chamber  for  the 
Speaker  of  the  House  of  Representatives,  to  the  left  of  the  President's 
chair,  and  that  the  Representatives  take  their  seats  on  that  side  of  the 
Chamber  on  which  the  Speaker's  chair  shall  be  placed. 

That  seats  be  provided  in  the  Senate  Chamber  sufficient  to  accommo- 
date the  late  President  ©f  Congress,  the  governor  of  the  Western  Terri- 
tory, the  five  persons  being  the  heads  of  the  great  Departments,  the 
minister  plenipotentiary  of  France,  the  encargado  de  negocios  of  Spain, 
the  Chaplains  of  Congress,  the  persons  in  the  suite  of  the  President,  and 
also  to  accommodate  the  following  public  ofl5cers  of  the  State,  viz:  The 
governor,  lieutenant-governor,  the  chancellor,  the  chief  justice  of  the 
supreme  court  and  other  judges  thereof,  and  the  mayor  of  the  city. 

That  one  of  the  assistants  wait  on  these  gentlemen  and  inform  them 
that  seats  are  provided  for  their  accommodation,  and  also  to  signify  to 
them  that  no  precedence  of  seats  is  intended,  and  that  no  salutation  is 
expected  from  them  on  their  entrance  into  or  their  departure  from  the 
Senate  Chamber. 

That  the  members  of  both  Houses  assemble  in  their  respective  cham- 
bers precisely  at  12  o'clock,  and  that  the  Representatives,  preceded  by 
their  Speaker  and  attended  by  their  Clerk  and  other  officers,  proceed 
to  the  Senate  Chamber,  there  to  be  received  by  the  Vice-President  and 
Senators  rising. 

That  the  committees  attend  the  President  from  his  residence  to  the 
Senate  Chamber,  and  that  he  be  there  received  by  the  Vice-President, 
the  Senators  and  Representatives  rising,  and  by  the  Vice-President  con- 
ducted to  his  chair. 

That  after  the  President  shall  be  seated  in  his  chair  and  the  Vice- 
President,  Senators,  and  Representatives  shall  be  again  seated,  the 
Vice-President  shall  announce  to  the  President  that  the  members  of 
both  Houses  will  attend  him  to  be  present  at  his  taking  the  oath  of 
office  required  by  the  Constitution. 
M  P — vol,  I — \ 


50  Messages  and  Papers  of  the  Presidents 

To  the  end  that  the  oath  of  office  may  be  administered  to  the  Presi- 
dent in  the  most  pubhc  manner  and  that  the  greatest  number  of  the 
people  of  the  United  States,  and  without  distinction,  may  be  witnesses  to 
the  solemnity,  that  therefore  the  oath  be  administered  in  the  outer  gal- 
lery adjoining  to  the  Senate  Chamber. 

That  when  the  President  shall  proceed  to  the  gallery  to  take  the  oath 
he  be  attended  by  the  Vice-President,  and  be  followed  by  the  chancellor 
of  the  State,  and  pass  through  the  middle  door;  that  the  Senators  pass 
through  the  door  on  the  right,  and  the  Representatives  pass  through  the 
door  on  the  left,  and  such  of  the  persons  who  may  have  been  admitted 
into  the  Senate  Chamber  and  may  be  desirous  to  go  into  the  gallery  are 
then  also  to  pass  through  the  door  on  the  right. 

That  when  the  President  shall  have  taken  the  oath  and  returned  into 
the  Senate  Chamber,  attended  by  the  Vice-President,  and  shall  be  seated 
in  his  chair,  that  Senators  and  Representatives  also  return  into  the 
Senate  Chamber,  and  that  the  Vice-President  and  they  resume  their 
respective  seats. 

That  when  the  President  retire  from  the  Senate  Chamber  he  be  con- 
ducted by  the  Vice-President  to  the  door,  the  members  of  both  Houses 
rising,  and  that  he  be  there  received  by  the  committees  and  attended  to 
his  residence. 

That  immediately  as  the  President  shall  retire  the  Representatives  do 
also  return  from  the  Senate  Chamber  to  their  own. 

.  That  it  be  intrusted  to  the  assistants  to  take  proper  precautions  for 
keeping  the  avenues  to  the  hall  open,  and  for  that  purpose  they  wait  on 
his  excellency  the  governor  of  this  State,  and  in  the  name  of  the  com- 
mittees request  his  aid  by  an  order  or  recommendation  to  the  civil  officers 
or  militia  of  the  city  to  attend  and  serve  on  the  occasion  as  he  shall 
judge  most  proper. 

RESOLVE  OF  THE  HOUSE  OF  REPRESENTATIVES  UPON  THE  REPORT 

of  the  committee  respecting  the  inauguration  of  the 
president. 

In  the  House  of  Representatives 

OF  THE  United  States, 

Monday,  April  2y,  lySg. 
Mr.  Benson,  from  the  committee  of  both  Houses  appointed  to  take 
order  for  conducting  the  ceremonial  of  the  formal  reception  of  the  Presi- 
dent of  the  United  States,  reported  as  followeth: 

That  it  appears  to  the  committee  more  eligible  that  the  oath  should  be 
administered  to  the  President  in  the  outer  gallery  adjoining  the  Senate 
Chamber  than  in  the  Representatives'  Chamber,  and  therefore  submits 
to  the  respective  Houses  the  propriety  of  authorizing  their  committees 
to  take  order  as  to  the  place  where  the  oath  shall  be  administered  to  the 


George  Washington  51 

President,  the  resolutions  of  Saturday  assigning  the  Representatives' 
Chamber  as  the  place  notwithstanding. 

The  said  report  being  twice  read, 

Resolved,  That  this  House  doth  concur  in  the  said  report  and  author- 
ize the  committee  to  take  order  for  the  change  of  place  thereby  proposed. 

Extract  from  the  Journal. 

JOHN  BECKLEY,  Clerk. 


FIRST  INAUGURAL  ADDRESS. 

IN  THE  CITY  OF  NEW  YORK. 

April  30,  1789. 
Fellow- Citizens  of  the  Senate  and  of  the  House  of  Representatives: 

Among  the  vicissitudes  incident  to  life  no  event  could  have  filled 
me  with  greater  anxieties  than  that  of  which  the  notification  was 
transmitted  by  your  order,  and  received  on  the  14th  day  of  the  present 
month.  On  the  one  hand,  I  was  summoned  by  my  country,  whose 
voice  I  can  never  hear  but  with  veneration  and  love,  from  a  retreat 
which  I  had  chosen  with  the  fondest  predilection,  and,  in  my  flattering 
hopes,  with  an  immutable  decision,  as  the  asylum  of  my  declining  years — 
a  retreat  which  was  rendered  every  day  more  necessary  as  w^ell  as  more 
dear  to  me  by  the  addition  of  habit  to  inclination,  and  of  frequent  inter- 
ruptions in  my  health  to  the  gradual  waste  committed  on  it  by  time. 
On  the  other  hand,  the  magnitude  and  difficulty  of  the  trust  to  which 
the  voice  of  my  country  called  me,  being  sufficient  to  awaken  in  the 
wisest  and  most  experienced  of  her  citizens  a  distrustful  scrutiny  into 
his  qualifications,  could  not  but  overwhelm  with  despondence  one  who 
(inheriting  inferior  endowments  from  nature  and  unpracticed  in  the 
duties  of  civil  administration)  ought  to  be  peculiarly  conscious  of  his 
own  deficiencies.  In  this  conflict  of  emotions  all  I  dare  aver  is  that  it 
has  been  my  faithful  study  to  collect  my  duty  from  a  just  appreciation 
of  every  circumstance  by  which  it  might  be  affected.  All  I  dare  hope 
is  that  if,  in  executing  this  task,  I  have  been  too  much  swayed  by  a 
grateful  remembrance  of  former  instances,  or  by  an  affectionate  sensi- 
bility to  this  transcendent  proof  of  the  confidence  of  my  fellow-citizens, 
and  have  thence  too  little  consulted  my  incapacity  as  well  as  disincli- 
nation for  the  weighty  and  untried  cares  before  me,  my  error  will  be 
palliated  by  the  motives  which  mislead  me,  and  its  consequences  be 
judged  by  my  country  with  some  share  of  the  partiality  in  which  they 
originated. 


52  Messages  and  Papers  of  the  Presidents 

Such  being  the  impressions  under  which  I  have,  in  obedience  to  the 
public  summons,  repaired  to  the  present  station,  it  would  be  peculiarly 
improper  to  omit  in  this  first  official  act  my  fervent  supplications  to  that 
Almighty  Being  who  rules  over  the  universe,  who  presides  in  the  councils 
of  nations,  and  whose  providential  aids  can  supply  every  human  defect, 
that  His  benediction  may  consecrate  to  the  liberties  and  happiness  of 
the  people  of  the  United  States  a  Government  instituted  by  themselves 
for  these  essential  purposes,  and  may  enable  every  instrument  employed 
in  its  administration  to  execute  with  success  the  functions  allotted  to 
his  charge.  In  tendering  this  homage  to  the  Great  Author  of  every 
public  and  private  good,  I  assure  myself  that  it  expresses  your  sentiments 
not  less  than  my  own,  nor  those  of  my  fellow-citizens  at  large  less  than 
either.  No  people  can  be  bound  to  acknowledge  and  adore  the  Invisible 
Hand  which  conducts  the  affairs  of  men  more  than  those  of  the  United 
States.  Every  step  by  which  they  have  advanced  to  the  character  of  an 
independent  nation  seems  to  have  been  distinguished  by  some  token  of 
providential  agency;  and  in  the  important  revolution  just  accomplished 
in  the  system  of  their  united  government  the  tranquil  deliberations  and 
voluntary  consent  of  so  many  distinct  communities  from  which  the  event 
has  resulted  can  not  be  compared  with  the  means  by  which  most  govern- 
ments have  been  established  without  some  return  of  pious  gratitude, 
along  with  an  humble  anticipation  of  the  future  blessings  which  the  past 
seem  to  presage.  These  reflections,  arising  out  of  the  present  crisis,  have 
forced  themselves  too  strongly  on  my  mind  to  be  suppressed.  You  will 
join  with  me,  I  trust,  in  thinking  that  there  are  none  under  the  influence 
of  which  the  proceedings  of  a  new  and  free  government  can  more  auspi- 
ciously commence. 

By  the  article  establishing  the  executive  department  it  is  made  the 
duty  of  the  President  ' '  to  recommend  to  your  consideration  such  meas- 
ures as  he  shall  judge  necessary  and  expedient."  The  circumstances 
under  which  I  now  meet  you  will  acquit  me  from  entering  into  that 
subject  further  than  to  refer  to  the  great  constitutional  charter  under 
which  you  are  assembled,  and  which,  in  defining  your  powers,  designates 
the  objects  to  which  your  attention  is  to  be  given.  It  will  be  more  con- 
sistent with  those  circumstances,  and  far  more  congenial  with  the  feelings 
which  actuate  me,  to  substitute,  in  place  of  a  recommendation  of  par- 
ticular measures,  the  tribute  that  is  due  to  the  talents,  the  rectitude,  and 
the  patriotism  which  adorn  the  characters  selected  to  de\dse  and  adopt 
them.  In  these  honorable  qualifications  I  behold  the  surest  pledges  that 
as  on  one  side  no  local  prejudices  or  attachments,  no  separate  views  nor 
party  animosities,  will  misdirect  the  comprehensive  and  equal  eye  which 
ought  to  watch  over  this  great  assemblage  of  communities  and  interests, 
so,  on  another,  that  the  foundation  of  our  national  policy  will  be  laid 
in  the  pure  and  immutable  principles  of  private  morality,  and  the  pre- 
eminence of  free  government  be  exemplified  by  all  the  attributes  which 


George  Washington  53 

can  win  the  affections  of  its  citizens  and  command  the  respect  of  the 
world.  I  dwell  on  this  prospect  with  every  satisfaction  which  an  ardent 
love  for  my  country  can  inspire,  since  there  is  no  truth  more  thoroughly 
established  than  that  there  exists  in  the  economy  and  course  of  nature 
an  indissoluble  union  between  virtue  and  happiness;  between  duty  and 
advantage;  between  the  genuine  maxims  of  an  honest  and  magnanimous 
policy  and  the  solid  rewards  of  public  prosperity  and  felicity;  since  we 
ought  to  be  no  less  persuaded  that  the  propitious  smiles  of  Heaven  can 
never  be  expected  on  a  nation  that  disregards  the  eternal  rules  of  order 
and  right  which  Heaven  itself  has  ordained;  and  since  the  preservation 
of  the  .sacred  fire  of  liberty  and  the  destiny  of  the  republican  model  of 
government  are  justly  considered,  perhaps,  as  deeply,  2i?, finally,  staked  on 
the  experiment  intrusted  to  the  hands  of  the  American  people. 

Besides  the  ordinary  objects  submitted  to  your  care,  it  will  remain  with 
your  judgment  to  decide  how  far  an  exercise  of  the  occasional  power 
delegated  by  the  fifth  article  of  the  Constitution  is  rendered  expedient 
at  the  present  juncture  by  the  nature  of  objections  which  have  been 
urged  against  the  system,  or  by  the  degree  of  inquietude  which  has 
given  birth  to  them.  Instead  of  undertaking  particular  recommenda- 
tions on  this  subject,  in  which  I  could  be  guided  by  no  lights  derived 
from  official  opportunities,  I  shall  again  give  way  to  my  entire  con- 
fidence in  yotu:  discernment  and  pursuit  of  the  public  good;  for  I  assure 
myself  that  whilst  you  carefully  avoid  every  alteration  which  might 
endanger  the  benefits  of  an  united  and  effective  government,  or  which 
ought  to  await  the  future  lessons  of  experience,  a  reverence  for  the 
characteristic  rights  of  freemen  and  a  regard  for  the  public  harmony 
will  sufficiently  influence  your  deliberations  on  the  question  how  far  the 
former  can  be  impregnably  fortified  or  the  latter  be  safely  and  advanta- 
geously promoted. 

To  the  foregoing  observations  I  have  one  to  add,  which  will  be  most 
properly  addressed  to  the  House  of  Representatives.  It  concerns  myself, 
and  will  therefore  be  as  brief  as  possible.  When  I  was  first  honored 
with  a  call  into  the  service  of  my  country,  then  on  the  eve  of  an  arduous 
struggle  for  its  liberties,  the  light  in  which  I  contemplated  my  duty 
required  that  I  should  renounce  every  pecuniary  compensation.  From 
this  resolution  I  have  in  no  instance  departed;  and  being  still  under  the 
impressions  which  produced  it,  I. must  decline  as  inapplicable  to  myself 
any  share  in  the  personal  emoluments  which  may  be  indispensably 
included  in  a  permanent  provision  for  the  executive  department,  and 
must  accordingly  pray  that  the  pecuniary  estimates  for  the  station  in 
which  I  am  placed  may  during  my  continuance  in  it  be  limited  to  such 
actual  expenditures  as  the  public  good  may  be  thought  to  require. 

Having  thus  imparted  to  you  my  sentiments  as  they  have  been 
awakened  by  the  occasion  which  brings  us  together,  I  shall  take  my 
present  leave;  but  not  without  resorting  once  more  to  the  benign  Parent 


54  Messages  and  Papers  of  the  Presidents 

of  the  Human  Race  in  humble  supplication  that,  since  He  has  l:>een 
pleased  to  favor  the  American  people  with  opportunities  for  deliberating 
in  perfect  tranquillity,  and  dispositions  for  deciding  with  unparalleled 
unanimity  on  a  form  of  government  for  the  security  of  their  union  and 
the  advancement  of  their  happiness,  so  His  divine  blessing  may  be 
equally  conspicuous  in  the  enlarged  views,  the  temperate  consultations, 
and  the  wise  measures  on  which  the  success  of  this  Government  must 
depend. 

ADDRESS   OF   THE    SENATE  TO   GEORGE   WASHINGTON,    PRESIDENT 
OF  THE  UNITED  STATES. 

Sir:  We,  the  Senate  of  the  United  States,  return  you  our  sincere 
thanks  for  your  excellent  speech  delivered  to  both  Houses  of  Congress, 
congratulate  you  on  the  complete  organization  of  the  Federal  Govern- 
ment, and  felicitate  ourselves  and  our  fellow-citizens  on  your  elevation 
to  the  office  of  President,  an  office  highly  important  by  the  powers  con- 
.stitutionally  annexed  to  it  and  extremely  honorable  from  the  manner 
in  which  the  appointment  is  made.  The  unanimous  suffrage  of  the 
elective  body  in  your  favor  is  peculiarly  expressive  of  the  gratitude, 
confidence,  and  affection  of  the  citizens  of  America,  and  is  the  highest 
testimonial  at  once  of  your  merit  and  their  esteem.  We  are  sensible, 
sir,  that  nothing  but  the  voice  of  j'our  fellow-citizens  could  have  called 
you  from  a  retreat  chosen  with  the  fondest  predilection,  endeared  by 
habit,  and  consecrated  to  the  repose  of  declining  years.  We  rejoice, 
and  with  us  all  America,  that  in  obedience  to  the  call  of  our  common 
country  you  have  returned  once  more  to  public  life.  In  you  all  parties 
confide;  in  you  all  interests  unite;  and  we  have  no  doubt  that  your  past 
services,  great  as  they  have  been,  will  be  equaled  by  your  future  exer- 
tions, and  that  your  prudence  and  sagacity  as  a  statesman  will  tend  to 
avert  the  dangers  to  which  we  were  exposed,  to  give  stability  to  the 
present  Government  and  dignity  and  splendor  to  that  country^  which 
your  skill  and  valor  as  a  soldier  so  eminently  contributed  to  raise  to 
independence  and  empire. 

When  we  contemplate  the  coincidence  of  circumstances  and  wonder- 
ful combination  of  causes  which  gradually  prepared  the  people  of  this 
country  for  independence;  when  we  contemplate  the  rise,  progress,  and 
termination  of  the  late  war,  which  gave  them  a  name  among  the  nations 
of  the  earth,  we  are  with  you  unavoidably  led  to  acknowledge  and  adore 
the  Great  Arbiter  of  the  Universe,  by  whom  empires  rise  and  fall.  A 
review  of  the  many  signal  instances  of  divine  interposition  in  favor  of 
this  country  claims  our  most  pious  gratitude;  and  permit  us,  sir,  to 
observe  that  among  the  great  events  which  have  led  to  the  formation 
and  establishment  of  a  Federal  Government  we  esteem  your  acceptance 
of  the  office  of  President  as  one  of  the  most  propitious  and  important. 


George  Washington  55 

In  the  execution  of  the  trust  reposed  in  us  we  shall  endeavor  to 
pursue  that  enlarged  and  liberal  policy  to  which  your  speech  so  happily 
directs.  We  are  conscious  that  the  prosperity  of  each  State  is  insep- 
arably connected  with  the  welfare  of  all,  and  that  in  promoting  the 
latter  we  shall  effectually  advance  the  former.  In  full  persuasion  of 
this  truth,  .it  shall  be  our  invariable  aim  to  divest  ourselves  of  local 
prejudices  and  attachments,  and  to  view  the  great  assemblage  of  com- 
munities and  interests  committed  to  our  charge  with  an  equal  eye.  We 
feel,  sir,  the  force  and  acknowledge  the  justness  of  the  observation  that 
the  foundation  of  our  national  policy  should  be  laid  in  private  morality. 
If  individuals  be  not  influenced  by  moral  principles,  it  is  in  vain  to 
look  for  public  virtue.  It  is  therefore  the  duty  of  legislators  to  enforce, 
both  by  precept  and  example,  the  utility  as  well  as  the  necessity  of  a 
strict  adherence  to  the  rules  of  distributive  justice.  We  beg  you  to  be 
assured  that  the  Senate  will  at  all  times  cheerfully  cooperate  in  every 
measure  which  may  strengthen  the  Union,  conduce  to  the  happiness  or 
secure  and  perpetuate  the  liberties  of  this  great  confederated  Republic. 

We  commend  you,  sir,  to  the  protection  of  Almighty  God,  earnestly 
beseeching  Him  long  to  preserve  a  life  so  valuable  and  dear  to  the  people 
of  the  United  States,  and  that  your  Administration  may  be  prosperous 
to  the  nation  and  glorious  to  yourself. 

May  7,  1789. 


REPLY  OF  THE  PRESIDENT. 

Gentlemen:  I  thank  you  for  your  address,  in  which  the  most  affec- 
tionate sentiments  are  expressed  in  the  most  obliging  terms.  The 
coincidence  of  circumstances  which  led  to  this  auspicious  crisis,  the  con- 
fidence reposed  in  me  by  my  fellow-citizens,  and  the  assistance  I  may 
expect  from  counsels  which  will  be  dictated  by  an  enlarged  and  liberal 
policy  seem  to  presage  a  more  prosperous  issue  to  my  Administration 
than  a  diffidence  of  my  abilities  had  taught  me  to  anticipate.  I  now  feel 
myself  inexpressibly  happy  in  a  belief  that  Heaven,  which  has  done  so 
much  for  our  infant  nation,  will  not  withdraw  its  providential  influence 
before  our  political  felicity  shall  have  been  completed,  and  in  a  comaction 
that  the  Senate  will  at  all  times  cooperate  in  every  measure  which  may 
tend  to  promote  the  welfare  of  this  confederated  Republic.  Thus  sup- 
ported by  a  firm  trust  in  the  Great  Arbiter  of  the  Universe,  aided  by  the 
collected  wisdom  of  the  Union,  and  imploring  the  divine  benediction  on 
our  joint  exertions  in  the  service  of  our  country,  I  readily  engage  with 
you  in  the  arduous  but  pleasing  task  of  attempting  to  make  a  nation 
happy. 

G9  WASHINGTON. 

May  18,  1789. 


56  Messages  and  Papers  of  the  Presidents 

ADDRESS  OF  THE  HOUSE  OF  REPRESENTATIVES  TO  GEORGE 
WASHINGTON,  PRESIDENT  OF  THE  UNITED  STATES. 

Sir:  The  Representatives  of  the  people  of  the  United  States  present 
their  congratulations  on  the  event  by  which  your  fellow-citizens  have 
attested  the  preeminence  of  your  merit.  You  have  long  held  the  first 
place  in  their  esteem.  You  have  often  received  tokens  of  their  affection. 
You  now  possess  the  only  proof  that  remained  of  their  gratitude  for  your 
ser\nces,  of  their  reverence  for  3'our  wisdom,  and  of  their  confidence  in 
your\Hirtues.  You  enjoy  the  highest,  because  the  truest,  honor  of  being 
the  first  Magistrate  by  the  unatiimous  choice  of  the  freest  people  on  the 
face  of  the  earth. 

We  well  know  the  anxieties  with  which  you  must  have  obeyed  a  sum- 
mons from  the  repose  reserv'ed  for  your  declining  years  into  public  scenes, 
of  which  you  had  taken  your  leave  forever.  But  the  obedience  was  due 
to  the  occasion.  It  is  already  applauded  by  the  universal  joy  which  wel- 
comes you  to  your  station.  And  we  can  not  doubt  that  it  wull  be  rewarded 
with  all  the  satisfaction  with  which  an  ardent  love  for  your  fellow-citizens 
must  review  successful  efforts  to  promote  their  happiness. 

This  anticipation  is  not  justified  merely  by  the  past  experience  of  your 
signal  services.  It  is  particularly  suggested  by  the  pious  impressions 
under  which  you  commence  your  Administration  and  the  enlightened 
maxims  by  which  j'ou  mean  to  conduct  it.  We  feel  with  you  the  strong- 
est obligations  to  adore  the  Invisible  Hand  which  has  led  the  American 
people  through  so  many  difficulties,  to  cherish  a  conscious  responsibility 
for  the  destiny  of  republican  liberty,  and  to  seek  the  only  sure  means  of 
preserving  and  recommending  the  precious  deposit  in  a  system  of  legisla- 
tion founded  on  the  principles  of  an  honest  policy  and  directed  by  the 
spirit  of  a  diffusive  patriotism. 

The  question  arising  out  of  the  fifth  article  of  the  Constitution  will 
receive  all  the  attention  demanded  by  its  importance,  and  will,  we  trust, 
be  decided  under  the  influence  of  all  the  considerations  to  which  you 
allude. 

In  forming  the  pecuniary  provisions  for  the  executive  department 
we  shall  not  lose  sight  of  a  wish  resulting  from  motives  which  give  it  a 
peculiar  claim  to  our  regard.  Your  resolution,  in  a  moment  critical  to  the 
liberties  of  your  country,  to  renounce  all  personal  emolument,  was  among 
the  many  presages  of  your  patriotic  services  which  have  been  amply  ful- 
filled; and  your  scrupulous  adherence  now  to  the  law  then  imposed  on 
yourself  can  not  fail  to  demonstrate  the  purity,  whilst  it  increases  the 
luster,  of  a  character  which  has  so  many  titles  to  admiration. 

Such  are  the  sentiments  which  we  have  thought  fit  to  address  to  you. 
They  flow  from  our  own  hearts,  and  we  verily  believe  that  among  the 
millions  we  represent  there  is  not  a  virtuous  citizen  whose  heart  will 
disown  them. 


George  Washington  57 

All  that  remains  is  that  we  join  in  our  fervent  supplications  for  the 
blessings  of  Heaven  on  our  country,  and  that  we  add  our  own  for  the 
choicest  of  these  blessings  on  the  most  beloved  of  her  citizens. 

May  5,  1789. 


REPLY  OP  THE  PRESIDENT. 

GentlEmkn:  Your  very  affectionate  address  produces  emotions  which 
I  know  not  how  to  express.  I  feel  that  my  past  endeavors  in  the  service 
of  my  country  are  far  overpaid  by  its  goodness,  and  I  fear  much  that  my 
future  ones  may  not  fulfill  your  kind  anticipation.  All  that  I  can  prom- 
ise is  that  they  will  be  invariably  directed  by  an  honest  and  an  ardent 
zeal.  Of  this  resource  my  heart  assures  me.  For  all  beyond  I  rely  on 
the  wisdom  and  patriotism  of  those  with  whom  I  am  to  cooperate  and 
a  continuance  of  the  blessings  of  Heaven  on  our  beloved  country. 

GO  WASHINGTON. 
May  8,  1789. 


SPECIAL  MESSAGES. 

New  York,  May  2^,  rySp. 
Gentlemen  of  the  Senate: 

In  pursuance  of  the  order  of  the  late  Congress,  treaties  between  the 
United  States  and  several  nations  of  Indians  have  been  negotiated  and 
signed.  These  treaties,  with  sundry  papers  respecting  them,  I  now  lay 
before  you,  for  your  consideration  and  advice,  by  the  hands  of  General 
Knox,  under  whose  official  superintendence  the  business  was  transacted, 
and  who  will  be  ready  to  communicate  to  you  any  information  on  such 
points  as  may  appear  to  require  it. 

GO  WASHINGTON. 


New  Yoryl,  Jujie  it,  1789. 
Genttemen  of  the  Senate: 

A  convention  between  His  Most  Christian  Majesty  and  the  United 
States,  for  the  purposes  of  determining  and  fixing  the  functions  and 
prerogatives  of  their  respective  consuls,  vice-consuls,  agents,  and  com- 
missaries, was  signed  by  their  respective  plenipotentiaries  on  the  29th  of 
July,  1784. 

It  appearing  to  the  late  Congress  that  certain  alterations  in  that  con- 
vention ought  to  be  made,  they  instructed  their  minister  at  the  Court  of 
France  to  endeavor  to  obtain  them. 


58  Messages  and  Papers  of  the  Presidents 

It  has  accordingly  been  altered  in  several  respects,  and  as  amended 
was  signed  by  the  plenipotentiaries  of  the  contracting  powers  on  the 
14th  of  November,  1788, 

The  sixteenth  article  provides  that  it  shall  be  in  force  during  the  term 
of  twelve  years,  to  be  counted  from  the  day  of  the  exchange  of  ratifica- 
tions, 7vhich  shall  be  given  in  proper  fortn,  and  exchanged  on  both  sides 
within  the  space  of  one  year,  or  sooner  if  possible. 

I  now  lay  before  you  the  original  by  the  hands  of  Mr.  Jay  for  your 
consideration  and  advice.  The  papers  relative  to  this  negotiation  are  in 
his  custody,  and  he  has  my  orders  to  communicate  to  you  whatever 
oflEicial  papers  and  information  on  the  subject  he  may  possess  and  you 
may  require. 

GO  WASHINGTON. 

New  York,  ficne  75,  1789. 
Gentlemen  of  the  Senate: 

Mr.  Jefferson,  the  present  minister  of  the  United  States  at  the  Court 
of  France,  having  applied  for  permission  to  return  home  for  a  few 
months,  and  it  appearing  to  me  proper  to  comply  with  his  request,  it 
becomes  necessary  that  some  person  be  appointed  to  take  charge  of  our 
affairs  at  that  Court  during  his  absence. 

For  this  purpose  I  nominate  William  Short,  esq. ,  and  request  your 
advice  on  the  propriety  of  appointing  him. 

There  are  in  the  Office  for  Foreign  Affairs  papers  which  will  acquaint 
you  with  his  character,  and  which  Mr.  Jay  has  my  directions  to  lay 
before  you  at  such  time  as  you  may  think  proper  to  assign. 

G9  WASHINGTON. 

New  York,  August  <5,  1789. 
Getitlemen  of  the  Senate: 

My  nomination  of  Benjamin  Fishbourn  for  the  place  of  naval  officer 
of  the  port  of  Savannah  not  having  met  with  your  concurrence,  I  now 
nominate  Lachlan  Mcintosh  for  that  office. 

Whatever  may  have  been  the  reasons  which  induced  your  dissent,  I  am 
persuaded  they  were  such  as  you  deemed  sufficient.  Permit  me  to  sub- 
mit to  your  consideration  whether  on  occasions  where  the  propriety  of 
nominations  appear  questionable  to  you  it  would  not  be  expedient  to  com- 
municate that  circumstance  to  me,  and  thereby  avail  yourselves  of  the 
information  which  led  me  to  make  them,  and  which  I  would  with  pleasure 
lay  before  you.  Probably  my  reasons  for  nominating  Mr.  Fishbourn 
may  tend  to  show  that  such  a  mode  of  proceeding  in  such  cases  might 
be  useful.     I  will  therefore  detail  them. 

First.  While  Colonel  Fishbourn  was  an  officer  in  actual  service  and 
chiefly  under  my  own  eye,  his  conduct  appeared  to  me  irreproachable ; 


George  Washington  59 

nor  did  I  ever  hear  anything  injurious  to  his  reputation  as  an  officer  or  a 
gentleman.  At  the  storm  of  Stony  Point  his  behavior  was  represented 
to  have  been  active  and  brave,  and  he  was  charged  by  his  general  to 
bring  the  account  of  that  success  to  the  headquarters  of  the  Army. 

Secondly.  Since  his  residence  in  Georgia  he  has  been  repeatedly  elected 
to  the  assembly  as  a  representative  of  the  county  of  Chatham,  in  which 
the  port  of  Savannah  is  situated,  and  sometimes  of  the  counties  of  Glynn 
and  Camden ;  he  has  been  chosen  a  member  of  the  executive  council 
of  the  State  and  has  lately  been  president  of  the  same ;  he  has  been 
elected  by  the  officers  of  the  militia  in  the  county  of  Chatham  lieutenant- 
colonel  of  the  militia  in  that  district,  and  on  a  very  recent  occasion, 
to  wit,  in  the  month  of  May  last,  he  has  been  appointed  by  the  council 
(on  the  suspension  of  the  late  collector)  to  an  office  in  the  port  of  Savan- 
nah nearly  similar  to  that  for  which  I  nominated  him,  which  office  he 
actually  holds  at  this  time.  To  these  reasons  for  nominating  Mr.  Fish- 
bourn  I  might  add  that  I  received  private  letters  of  recommendation  and 
oral  testimonials  in  his  favor  from  some  of  the  most  respectable  char- 
acters in  that  State  ;  but  as  they  were  secondary  considerations  with 
me,  I  do  not  think  it  necessary  to  communicate  them  to  you. 

It  appeared,  therefore,  to  me  that  Mr.  Fishbourn  must  have  enjoj^ed 
the  confidence  of  the  militia  officers  in  order  to  have  been  elected  to  a 
military  rank;  the  coyifidence  of  the  freemen  to  have  been  elected  to  the 
assembly;  the  co7ifidence  of  the  assembly  to  have  been  selected  for  the 
council,  and  the  confidence  of  the  council  to  have  been  appointed  col- 
lector of  the  port  of  Savannah. 

GO  WASHINGTON. 

New  York,  August  7,  1789. 
Gentlemen  of  the  Senate: 

The  business  which  has  hitherto  been  under  the  consideration  of  Con- 
gress has  been  of  so  much  importance  that  I  was  unwilling  to  draw 
their  attention  from  it  to  any  other  subject ;  but  the  disputes  which 
exist  between  some  of  the  United  States  and  several  powerful  tribes  of 
Indians  within  the  limits  of  the  Union,  and  the  hostilities  which  have 
in  several  instances  been  committed  oh  the  frontiers,  seem  to  require  the 
immediate  interposition  of  the  General  Government. 

I  have  therefore  directed  the  several  statements  and  papers  which 
have  been  submitted  to  me  on  this  subject  by  General  Knox  to  be  laid 
before  you  for  your  information. 

While  the  measures  of  Government  ought  to  be  calculated  to  protect 
its  citizens  from  all  injury  and  violence,  a  due  regard  should  be  extended 
to  those  Indian  tribes  whose  happiness  in  the  course  of  events  so  mate- 
rially depends  on  the  national  justice  and  humanity  of  the  United  States. 

If  it  should  be  the  judgment  of  Congress  that  it  would  be  most  expe- 
dient to  terminate  all  differences  in  the  Southern  district,  and  to  lay  the 


6o  Messages  and  Papers  of  the  Presidents 

foundation  for  future  confidence  by  an  amicable  treaty  with  the  Indian 
tribes  in  that  quarter,  I  think  proper  to  suggest  the  consideration  of  the 
expediency  of  instituting  a  temporary  commission  for  that  purpose,  to 
consist  of  three  persons,  whose  authority  should  expire  with  the  occasion. 
How  far  such  a  measure,  unassisted  by  posts,  would  be  competent  to  the 
establishment  and  preservation  of  peace  and  tranquillity  on  the  frontiers 
is  also  a  matter  which  merits  your  serious  consideration. 

Along  with  this  object  I  am  induced  to  suggest  another,  with  the 
national  importance  and  necessity'  of  which  I  am  deeply  impressed;  I 
mean  some  uniform  and  effective  system  for  the  militia  of  the  United 
States.  It  is  unnecessary  to  ofEer  arguments  in  recommendation  of  a 
measure  on  which  the  honor,  safety,  and  well-being  of  our  country  so 
evidently  and  so  essentially  depend;  but  it  may  not  be  amiss  to  observe 
that  I  am  particularly  anxious  it  should  receive  as  early  attention  as  cir- 
cumstances will  admit,  because  it  is  now  in  our  power  to  avail  ourselves 
of  the  military  knowledge  disseminated  throughout  the  several  States  by 
means  of  the  many  well-instructed  officers  and  soldiers  of  the  late  Army, 
a  resource  which  is  daily  diminishing  by  death  and  other  causes.  To 
suffer  this  peculiar  advantage  to  pass  away  unimproved  would  be  to 
neglect  an  opportunity  which  will  never  again  occur,  unless,  unfortu- 
nately, we  should  again  be  involved  in  a  long  and  arduous  war. 

GO  WASHINGTON. 

New  York,  August  lo,  178 p. 
Gentleme7i  of  the  Senate: 

I  have  directed  a  statement  of  the  troops  in  the  service  of  the  United 
States  to  be  laid  before  you  for  your  information. 

These  troops  were  raised  by  virtue  of  the  resolves  of  Congress  of  the 
20th  October,  1786,  and  the  3d  of  October,  1787,  in  order  to  protect  the 
frontiers  from  the  depredations  of  the  hostile  Indians,  to  prevent  all 
intrusions  on  the  public  lands,  and  to  facilitate  the  surveying  and  selling 
of  the  same  for  the  purpose  of  reducing  the  public  debt. 

As  these  important  objects  continue  to  require  the  aid  of  the  troops,  it 
is  necessary  that  the  establishment  thereof  should  in  all  respects  be  con- 
formed by  law  to  the  Constitution  of  the  United  States. 

GO  WASHINGTON. 

New  York,  August  20,  178 p. 
Gentlemen  of  the  Senate: 

In  con.sequence  of  an  act  providing  for  the  expenses  which  may  attend 
negotiations  or  treaties  with  the  Indian  tribes  and  the  appointment  of 
commis-sioners  for  managing  the  same,  I  nominate  Benjamin  Lincoln  as 
one  of  three  commissioners  whom  I  shall  propose  to  be  employed  to 
negotiate  a  treaty  with  the  Southern  Indians.     My  reason  for  nominating 


George  Washington  6i 

him  at  this  early  moment  is  that  it  will  not  be  possible  for  the  public  to 
avail  itself  of  his  services  on  this  occasion  unless  his  appointment  can 
be  forwarded  to  him  by  the  mail  which  will  leave  this  place  to-morrow 
morning. 

GO  WASHINGTON. 


New  York,  August  21,  178 g. 
Gentlemen  of  the  Senate: 

The  President  of  the  United  States  will  meet  the  Senate  in  the  Senate 
Chamber  at  half  past  i  r  o'clock  to-morrow,  to  advise  with  them  on  the 
terms  of  the  treaty  to  be  negotiated  with  the  Southern  Indians. 

GO  WASHINGTON. 

September  i6,  1789. 
Gentlemen  of  the  Senate: 

The  governor  of  the  Western  territory  has  made  a  statement  to  me 
of  the  reciprocal  hostilities  of  the  Wabash  Indians  and  the  people  inhab- 
iting the  frontiers  bordering  on  the  river  Ohio,  which  I  herewith  lay 
before  Congress. 

The  United  States  in  Congress  assembled,  by  their  acts  of  the  21st 
day  of  July,  1787,  and  of  the  12th  August,  1788,  made  a  provisional 
arrangement  for  calling  forth  the  militia  of  Virginia  and  Pennsylvania 
in  the  proportions  therein  specified. 

As  the  circumstances  which  occasioned  the  said  arrangement  continue 
nearly  the  same,  I  think  proper  to  suggest  to  3'our  consideration  the 
expediency  of  making  some  temporar>'  provision  for  calling  forth  the 
militia  of  the  United  States  for  the  purposes  stated  in  the  Constitution, 
which  would  embrace  the  cases  apprehended  by  the  governor  of  the 
Western  territory. 

GO  WASHINGTON. 

September  17,  1789. 
Gentlemen  of  the  Senate: 

It  doubtless  is  important  that  all  treaties  and  compacts  formed  by  the 
United  States  with  other  nations,  whether  civilized  or  not,  should  be 
made  with  caution  and  executed  with  fidelity. 

It  is  said  to  be  the  general  understanding  and  practice  of  nations,  as  a 
check  on  the  mistakes  and  indiscretions  of  ministers  or  commissioners, 
not  to  consider  any  treaty  negotiated  and  signed  by  such  officers  as  final 
and  conclusive  until  ratified  by  the  sovereign  or  government  from  whom 
they  derive  their  powers.  This  practice  has  been  adopted  by  the  United 
States  respecting  their  treaties  with  European  nations,  and  I  am  inclined 
to  think  it  would  be  advisable  to  observe  it  in  the  conduct  of  our  treaties 
with  the  Indians ;  for  though  such  treaties,  being  on  their  part  made  by 


62  Messages  and  Papers  of  the  Presidents 

their  chiefs  or  rulers,  need  not  be  ratified  by  them,  yet,  being  formed  on 
our  part  by  the  agency  of  subordinate  officers,  it  seems  to  be  both  prudent 
and  reasonable  that  their  acts  should  not  be  binding  on  the  nation  until 
approved  and  ratified  by  the  Government.  It  strikes  me  that  this  point 
should  be  well  considered  and  settled,  so  that  our  national  proceedings 
in  this  respect  may  become  uniform  and  be  directed  by  fixed  and  stable 
principles. 

The  treaties  with  certain  Indian  nations,  which  were  laid  before  you 
with  my  message  of  the  25th  May  last,  suggested  two  questions  to  my 
mind,  viz  :  First,  whether  those  treaties  were  to  be  considered  as  per- 
fected and  consequently  as  obligatory  without  being  ratified.  If  not, 
then  secondly,  whether  both  or  either,  and  which,  of  them  ought  to  be 
ratified.     On  these  questions  I  request  your  opinion  and  advice. 

You  have,  indeed,  advised  me  ' '  to  execute  and  etijoin  an  observance 
of  the  treaty  with  the  Wyandottes,  etc.  You,  gentlemen,  doubtless 
intended  to  be  clear  and  explicit,  and  yet,  without  further  explanation,  I 
fear  I  may  misunderstand  your  meaning,  for  if  by  my  executing  that 
treaty  you  mean  that  I  should  make  it  (in  a  more  particular  and  imme- 
diate manner  than  it  now  is)  the  act  of  Government,  then  it  follows  that 
I  am  to  ratify  it.  If  you  mean  by  my  executing  it  that  I  am  to  see  that 
it  be  carried  into  effect  and  operation,  then  I  am  led  to  conclude  either 
that  you  consider  it  as  being  perfect  and  obligatory  in  its  present  state, 
and  therefore  to  be  executed  and  observed,  or  that  you  consider  it  as  to 
derive  its  completion  and  obligation  from  the  silent  approbation  and  rati- 
fication which  my  proclamation  may  be  construed  to  imply.  Although 
I  am  inclined  to  think  that  the  latter  is  your  intention,  yet  it  certainly 
is  best  that  all  doubts  respecting  it  be  removed. 

Permit  me  to  observe  that  it  will  be  proper  for  me  to  be  informed  of 
your  sentiments  relative  to  the  treaty  with  the  Six  Nations  previous  to 
the  departure  of  the  governor  of  the  Western  territor\',  and  therefore 
I  recommend  it  to  your  early  consideration. 

GO  WASHINGTON. 

United  States,  September  29,  lySg. 
Gentlemen  of  the  Senate: 

His  Mo.st  Christian  Majesty,  by  a  letter  dated  the  7th  of  June  last, 
addressed  to  the  President  and  members  of  the  General  Congress  of  the 
United  States  of  North  America,  announces  the  much  lamented  death  of 
his  son,  the  Dauphin.  The  generous  conduct  of  the  French  monarch 
and  nation  toward  this  countr\^  renders  every  event  that  may  affect  his 
or  their  prosperity  interesting  to  us,  and  I  shall  take  care  to  a.ssure  him 
of  the  sensibility  with  which  the  United  States  participate  in  the  affliction 
which  a  loss  so  much  to  be  regretted  must  have  occasioned  both  to  him 
and  to  them. 

G9  WASHINGTON. 


George  Washington  63 

United  States,  September  2^,  1789. 
Gentlemen  of  the  Senate: 

Agreeably  to  the  act  of  Congress  for  adapting  the  estabUshment  of  the 
troops  in  pubUc  service  to  the  Constitution  of  the  United  States,  I  nomi- 
nate the  persons  .specified  in  the  inclosed  list  to  be  the  commissioned 
officers  thereof. 

This  nomination  differs  from  the  existing  arrangement  only  in  the 
following  cases,  to  wit :  lyieutenant  Erkuries  Beatty,  promoted  to  a 
vacant  captaincy  in  the  infantry  ;  Ensign  Edward  Spear,  promoted  to 
a  vacant  lieutenancy  of  artillery  ;  Jacob  Melcher,  who  has  l^een  serving 
as  a  volunteer,  to  be  an  ensign,  vice  Benjamin  Lawrence,  who  was 
appointed  nearly  three  years  past  and  has  never  been  mustered  or  joined 
the  troops. 

It  is  to  be  observed  that  the  order  in  which  the  captains  and  subalterns 
are  named  is  not  to  affect  their  relative  rank,  which  has  been  hitherto 
but  imperfectly  settled  owing  to  the  perplexity  of  promotions  in  the 
State  quotas  conformably  to  the  late  Confederation. 

GO  WASHINGTON. 


United  States,  September  2g,  178 g. 
Gentlemen  of  the  Senate: 

Having  been  yesterday  informed  by  a  joint  committee  of  both  Houses 
of  Congress  that  they  had  agreed  to  a  recess  to  commence  this  day  and 
to  continue  until  the  first  Monday  of  January  next,  I  take  the  earliest 
opportunity  of  acquainting  you  that,  considering  how  long  and  laborious 
this  session  has  been  and  the  reasons  which  I  presume  have  produced 
this  resolution,  it  does  not  appear  to  me  expedient  to  recommend  any 
measures  to  their  consideration  at  present,  or  now  to  call  your  attention, 
gentlemen,  to  any  of  those  matters  in  my  department  which  require  your 
advice  and  consent  and  yet  remain  to  be  dispatched. 

GO  WASHINGTON. 


United  States,  September  29,  1789. 
Gentlemen  of  the  House  of  Representatives: 

Having  been  yesterday  informed  by  a  joint  committee  of  both  Houses 
of  Congress  that  they  had  agreed  to  a  recess  to  commence  this  day  and 
to  continue  until  the  first  Monday  of  January  next,  I  take  the  earliest 
opportunity  of  acquainting  you  that,  considering  how  long  and  laborious 
this  session  has  been  and  the  reasons  which  I  presume  ha\-e  produced 
this  resolution,  it  does  not  appear  to  me  expedient  to  recommend  any 
measures  to  their  consideration  at  present. 

GO  WASHINGTON. 


64  Messages  and  Papers  of  the  Presidents 

PROCLAMATION. 

A   NATIONAL    THANKSGIVING. 

[From  Si>arks's  Washington,  Vol.  XII,  p.  119.] 

Whereas  it  is  the  duty  of  all  nations  to  acknowledge  the  providence 
of  Almighty  God,  to  obey  His  will,  to  be  grateful  for  His  benefits,  and 
humbl}'  to  implore  His  protection  and  favor;  and 

Whereas  both  Houses  of  Congress  have,  by  their  joint  committee, 
requested  me  ' '  to  recommend  to  the  people  of  the  United  States  a  day 
of  public  thanksgiving  and  prayer,  to  be  observ^ed  by  acknowledging 
with  grateful  hearts  the  many  and  signal  favors  of  Almighty  God, 
especially  by  affording  them  an  opportunity  peaceably  to  establish  a 
form  of  government  for  their  safety  and  happiness:" 

Now,  therefore,  I  do  recommend  and  assign  Thursday',  the  26th  day 
of  November  next,  to  be  devoted  by  the  people  of  these  States  to  the 
sendee  of  that  great  and  glorious  Being  who  is  the  beneficent  author 
of  all  the  good  that  was,  that  is,  or  that  wall  be;  that  we  may  then  all 
unite  in  rendering  unto  Him  our  sincere  and  humble  thanks  for  His 
kind  care  and  protection  of  the  people  of  this  country  previous  to  their 
becoming  a  nation;  for  the  signal  and  manifold  mercies  and  the  favor- 
able interpositions  of  His  providence  in  the  course  and  conclusion  of  the 
late  war;  for  the  great  degree  of  tranquillity,  union,  and  plenty  which 
we  have  since  enjoyed;  for  the  peaceable  and  rational  manner  in  which 
we  have  been  enabled  to  establish  constitutions  of  government  for  our 
safety  and  happiness,  and  particularly  the  national  one  now  lately  insti- 
tuted; for  the  civil  and  religious  liberty  with  which  we  are  blessed,  and 
the  means  we  have  of  acquiring  and  diffusing  useful  knowledge;  and, 
in  general,  for  all  the  great  and  various  favors  which  He  has  been  pleased 
to  confer  upon  us. 

And  also  that  we  may  then  unite  in  most  humbly  offering  our  pray- 
ers and  supplications  to  the  great  Lord  and  Ruler  of  Nations,  and  beseech 
Him  to  pardon  our  national  and  other  trangressions;  to  enable  us  all, 
whether  in  public  or  private  stations,  to  perform  our  several  and  rela- 
tive duties  properly  and  punctually;  to  render  our  National  Government 
a  blessing  to  all  the  people  by  constantly  being  a  Government  of  wise, 
just,  and  constitutional  laws,  discreetly  and  faithfully  executed  and 
obeyed;  to  protect  and  guide  all  sovereigns  and  nations  (especially  such 
as  have  shown  kindness  to  us),  and  to  bless  them  with  good  govern- 
ments, peace,  and  concord;  to  promote  the  knowledge  and  practice  of 
true  religion  and  virtue,  and  the  increase  of  science  among  them  and  us; 
and,  generally,  to  grant  unto  all  mankind  such  a  degree  of  temporal 
prosperity  as  He  alone  knows  to  be  best. 

Given  under  my  hand,  at  the  city  of  New  York,  the  3d  day  of  October, 

^-  ^-  ^789.  G9  WASHINGTON. 


George  Washington  65 

FIRST  ANNUAL  ADDRESS. 

United  Stat-es, /a?mary  8,  1790. 
Fellow-Citizens  of  the  Senate  and  House  of  Representatives: 

I  embrace  witli  great  satisfaction  the  opportunity  which  now  presents 
itself  of  congratulating  you  on  the  present  favorable  prospects  of  our 
public  affairs.  The  recent  accession  of  the  important  State  of  North 
Carolina  to  the  Constitution  of  the  United  States  (of  which  official  infor- 
mation has  been  received),  the  rising  credit  and  respectability  of  our 
country,  the  general  and  increasing  good  will  toward  the  Government 
of  the  Union,  and  the  concord,  peace,  and  plenty  with  which  we  are 
blessed  are  circumstances  auspicious  in  an  eminent  degree  to  our  national 
prosperity. 

In  resuming  your  consultations  for  the  general  good  you  can  not  but 
derive  encouragement  from  the  reflection  that  the  measures  of  the  last 
session  have  been  as  satisfactory  to  your  constituents  as  the  novelty  and 
difficulty  of  the  work  allowed  you  to  hope.  Still  further  to  realize  their 
expectations  and  to  secure  the  blessings  which  a  gracious  Providence  has 
placed  within  our  reach  will  hi  the  course  of  the  present  important 
session  call  for  the  cool  and  deliberate  exertion  of  your  patriotism, 
firmness,  and  wisdom. 

Among  the  many  interesting  objects  which  will  engage  3'our  attention 
that  of  providing  for  the  common  defense  will  merit  particular  regard. 
To  be  prepared  for  war  is  one  of  the  most  effectual  means  of  preserving 
peace. 

A  free  people  ought  not  only  to  be  armed,  but  disciplined;  to  which 
end  a  uniform  and  well-digested  plan  is  requisite ;  and  their  safety  and 
interest  require  that  they  should  promote  such  manufactories  as  tend 
to  render  them  independent  of  others  for  essential,  particularly  military' , 
supplies. 

The  proper  establishment  of  the  troops  which  may  be  deemed  indis- 
pensable w411  be  entitled  to  mature  consideration.  In  the  arrangements 
which  may  be  made  respecting  it  it  will  be  of  importance  to  conciliate 
the  comfortable  support  of  the  oflScers  and  soldiers  with  a  due  regard 
to  economy. 

There  was  reason  to  hope  that  the  pacific  measures  adopted  with  regard 

to  certain  hostile  tribes  of  Indians  would  have  relieved  the  inhabitants  of 

our  Southern  and  Western  frontiers  from  their  depredations,  but  you  will 

perceive  from  the  information  contained  in  the  papers  which  I  .shall 

direct  to  be  laid  before  you  (comprehending  a  communication  from  the 

Commonwealth  of   Virginia)  that  we  ought  to  be   prepared  to  afford 

protection  to  those  parts  of  the  Union,  and,  if  necessary,  to  punish 

aggressors. 

The  interests  of  the  United  States  require  that  our  intercourse  with 
M  P — vol,  I — 5 


66  Messages  and  Papers  of  the  Presidents 

other  nations  should  be  facilitated  by  such  provisions  as  will  enable  me 
to  fulfill  my  duty  in  that  respect  in  the  manner  which  circumstances  may 
render  most  conducive  to  the  public  good,  and  to  this  end  that  the 
compensations  to  be  made  to  the  persons  who  may  be  employed  should, 
according  to  the  nature  of  their  appointments,  be  defined  by  law,  and  a 
competent  fund  designated  for  defraying  the  expenses  incident  to  the 
conduct  of  our  foreign  aifairs. 

Various  considerations  also  render  it  expedient  that  the  terms  on  which 
foreigners  may  be  admitted  to  the  rights  of  citizens  should  be  speedily 
ascertained  by  a  uniform  rule  of  naturalization. 

Uniformity  in  the  currency,  weights,  and  measures  of  the  United 
States  is  an  object  of  great  importance,  and  will,  I  am  persuaded,  be 
duly  attended  to. 

The  advancement  of  agriculture,  commerce,  and  manufactures  by  all 
proper  means  will  not,  I  trust,  need  recommendation;  but  I  can  not 
forbear  intimating  to  you  the  expediency  of  giving  eifectual  encourage- 
ment as  well  to  the  introduction  of  new  and  useful  inventions  from 
abroad  as  to  the  exertions  of  skill  and  genius  in  producing  them  at 
home,  and  of  facilitating  the  intercourse  between  the  distant  parts  of  our 
country  by  a  due  attention  to  the  post-ofiice  and  post-roads. 

Nor  am  I  less  persuaded  that  you  will  agree  with  me  in  opinion  that 
there  is  nothing  which  can  better  deserve  your  patronage  than  the  pro- 
motion of  science  and  literature.  Knowledge  is  in  every  country  the 
surest  basis  of  public  happiness.  In  one  in  which  the  measures  of  gov- 
ernment receive  their  impressions  so  immediately  from  the  sense  of  the 
community  as  in  ours  it  is  proportionably  essential.  To  the  security  of 
a  free  constitution  it  contributes  in  various  ways — by  convincing  those 
who  are  intrusted  with  the  public  administration  that  every  valuable  end 
of  government  is  best  answered,  by  the  enlightened  confidence  of  the 
people,  and  by  teaching  the  people  themselves  to  know  and  to  value  their 
own  rights;  to  discern  and  provide  against  invasions  of  them;  to  distin- 
guish between  oppression  and  the  necessary  exercise  of  lawful  authority; 
between  burthens  proceeding  from  a  disregard  to  their  convenience  and 
those  resulting  from  the  inevitable  exigencies  of  society;  to  discriminate 
the  spirit  of  liberty  from  that  of  licentiousness — cherishing  the  first, 
avoiding  the  last — and  uniting  a  speedy  but  temperate  vigilance  against 
encroachments,  with  an  inviolable  respect  to  the  laws. 

Whether  this  desirable  object  will  be  best  promoted  by  affording  aids 
to  seminaries  of  learning  already  established,  by  the  institution  of  a 
national  university,  or  by  any  other  expedients  will  be  well  worth)'  of 
a  place  in  the  deliberations  of  the  L,egislature. 

Gentlemen  of  the  House  of  Representatives: 

I  saw  with  peculiar  pleasure  at  the  close  of  the  last  session  the 
resolution  entered  into  by  you  expressive  of  your  opinion  that  an  ade- 


George  Washington  ^y 

quate  provision  for  the  support  of  the  public  credit  is  a  matter  of  high 
importance  to  the  national  honor  and  prosperity.  In  this  sentiment  I 
entirely  concur ;  and  to  a  perfect  confidence  in  your  best  endeavors  to 
devise  such  a  provision  as  will  be  truly  consistent  with  the  end  I  add  an 
equal  reliance  on  the  cheerful  cooperation  of  the  other  branch  of  the 
Legislature.  It  would  be  superfluous  to  specify  inducements  to  a  meas- 
ure in  which  the  character  and  permanent  interests  of  the  United  States 
are  so  obviously  and  so  deeply  concerned,  and  which  has  received  so 
explicit  a  sanction  from  your  declaration. 

Gentleme7i  of  the  Senate  and  House  of  Representatives: 

I  have  directed  the  proper  officers  to  lay  before  you,  respectively,  such 
papers  and  estimates  as  regard  the  aifairs  particularly  recommended  to 
your  consideration,  and  necessary  to  convey  to  you  that  information  of 
the  state  of  the  Union  which  it  is  my  duty  to  afford. 

The  welfare  of  our  country  is  the  great  object  to  which  our  cares  and 
efforts  ought  to  be  directed,  and  I  shall  derive  great  satisfaction  from 
a  cooperation  with  you  in  the  pleasing  though  arduous  task  of  insuring 
to  our  fellow-citizens  the  blessings  which  they  have  a  right  to  expect 
from  a  free,  efficient,  and  equal  government. 

GO  WASHINGTON. 


ADDRESS   OF  THE   SENATE  TO   GEORGE  WASHINGTON,    PRESIDENT 
OF  THE  UNITED  STATES. 

The  President  of  the  United  States. 

Sir:  We,  the  Senate  of  the  United  States,  return  you  our  thanks  for 
your  speech  delivered  to  both  Houses  of  Coi^gress.  The  accession  of  the 
State  of  North  Carolina  to  the  Constitution  of  the  United  States  gives 
us  much  pleasure,  and  we  offer  you  our  congratulations  on  that  event, 
which  at  the  same  time  adds  strength  to  our  Union  and  affords  a  proof 
that  the  more  the  Constitution  has  been  considered  the  more  the  good- 
ness of  it  has  appeared.  The  information  which  we  have  received,  that 
the  measures  of  the  last  session  have  been  as  satisfactory  to  our  constitu- 
ents as  we  had  reason  to  expect  from  the  difficulty  of  the  work  in  which 
we  were  engaged,  will  afford  us  much  consolation  and  encouragement  in 
resuming  our  deliberations  in  the  present  session  for  the  public  good, 
and  every  exertion  on  our  part  shall  be  made  to  realize  and  secure  to  our 
country  those  blessings  which  a  gracious  Providence  has  placed  within 
her  reach.  We  are  persuaded  that  one  of  the  most  effectual  means  of 
preserving  peace  is  to  be  prepared  for  war,  and  our  attention  shall  be 
directed  to  the  objects  of  common  defense  and  to  the  adoption  of  such 
plans  as  shall  appear  the  most  likely  to  prevent  our  dependence  on  other 


68  Messages  and  Papers  of  the  Presidents 

countries  lor  essential  supplies.  In  the  arrangements  to  be  made  respect- 
ing the  establishment  of  such  troops  as  may  be  deemed  indispensable  we 
shall  with  pleasure  provide  for  the  comfortable  support  of  the  officers 
and  soldiers,  with  a  due  regard  to  economy.  We  regret  that  the  pacific 
measures  adopted  by  Government  with  regard  to  certain  hostile  tribes  of 
Indians  have  not  been  attended  with  the  beneficial  effects  toward  the 
inhabitants  of  our  Southern  and  Western  frontiers  which  we  had  reason 
to  hope;  and  we  shall  cheerfully  cooperate  in  providing  the  most  effectual 
means  for  their  protection,  and,  if  necessary,  for  the  punishment  of 
aggressors.  The  uniformity  of  the  currency  and  of  weights  and  meas- 
ures, the  introduction  of  new  and  useful  inventions  from  abroad  and 
the  exertions  of  skill  and  genius  in  producing  them  at  home,  the  facili- 
tating the  communication  between  the  distant  parts  of  our  countr>'  by 
means  of  the  post-office  and  post-roads,  a  provision  for  the  support  of 
the  Department  of  Foreign  Affairs,  and  a  uniform  rule  of  naturalization, 
by  which  foreigners  may  be  admitted  to  the  rights  of  citizens,  are  objects 
which  shall  receive  such  early  attention  as  their  respective  importance 
requires.  Literature  and  science  are  essential  to  the  preservation  of  a 
free  constitution;  the  measures  of  Government  should  therefore  be  cal- 
culated to  strengthen  the  confidence  that  is  due  to  that  important  truth. 
Agriculture,  commerce,  and  manufactures,  forming  the  basis  of  the 
wealth  and  strength  of  our  confederated  Republic,  must  be  the  frequent 
subject  of  our  deliberation,  and  shall  be  advanced  by  all  proper  means  in 
our  power.  Public  credit  being  an  object  of  great  importance,  we  shall 
cheerfully  cooperate  in  all  proper  measures  for  its  support.  Proper 
attention  shall  be  given  to  such  papers  and  estimates  as  you  may  be 
pleased  to  lay  before  us.  Our  cares  and  efforts  shall  be  directed  to  the 
welfare  of  our  country,  and  we  have  the  most  perfect  dependence  upon 
your  cooperating  with  us  on  all  occasions  in  such  measures  as  will 
insure  to  our  fellow-citizens  the  blessings  which  they  have  a  right  to 
expect  from  a  free,  efficient,  and  equal  government. 
January  ii,  1790. 


REPLY  OF  THE  PRESIDENT. 

Gentlemen:  I  thank  you  for  your  address,  and  for  the  assurances 
which  it  contains  of  attention  to  the  several  matters  suggested  by  me  to 
your  consideration. 

Relying  on  the  continuance  of  your  exertions  for  the  pubhc  good,  I 
anticipate  for  our  country  the  .salutary  effects  of  upright  and  prudent 
counsels. 

G9  WASHINGTON. 
January  14,  1790. 


George  Washington  69 

ADDRESS  OF  THE  HOUSE  OF  REPRESENTATIVES  TO  GEORGE 
WASHINGTON,  PRESIDENT  OF  THE  UNITED  STATES. 

Sir:  The  Representatives  of  the  people  of  the  United  States  have 
taken  into  consideration  your  speech  to  both  Houses  of  Congress  at  the 
opening  of  the  present  session. 

We  reciprocate  your  congratulations  on  the  accession  of  the  State  of 
North  Carolina,  an  event  which,  while  it  is  a  testimony  of  the  increasing 
good  will  toward  the  Government  of  the  Union,  can  not  fail  to  give 
additional  dignity  and  strength  to  the  American  Republic,  already  rising 
in  the  estimation  of  the  world  in  national  character  and  respectability. 

The  information  that  our  measures  of  the  last  session  have  not  proved 
dissatisfactory  to  our  constituents  affords  us  much  encouragement  at 
this  juncture,  when  we  are  resuming  the  arduous  task  of  legislating  for 
so  extensive  an  empire. 

Nothing  can  be  more  gratifying  to  the  Representatives  of  a  free  people 
than  the  reflection  that  their  labors  are  rewarded  by  the  approbation  of 
their  fellow-citizens.  Under  this  impression  we  shall  make  every  exer- 
tion to  realize  their  expectations,  and  to  secure  to  them  those  blessings 
which  Providence  has  placed  within  their  reach.  Still  prompted  by  the 
same  desire  to  promote  their  interests  which  then  actuated  us,  we  shall 
in  the  present  session  diligently  and  anxiously  pursue  those  measures 
which  shall  appear  to  us  conducive  to  that  end. 

We  concur  with  you  in  the  sentiment  that  agriculture,  commerce,  and 
manufactures  are  entitled  to  legislative  protection,  and  that  the  promo- 
tion of  science  and  literature  will  contribute  to  the  security  of  a  free 
Government;  in  the  progress  of  our  deliberations  we  shall  not  lose  sight 
of  objects  so  worthy  of  our  regard. 

The  various  and  weighty  matters  which  you  have  judged  necessary  to 
recommend  to  our  attention  appear  to  us  essential  to  the  tranquillity  and 
welfare  of  the  Union,  and  claim  our  early  and  most  serious  consideration. 
We  shall  proceed  without  delay  to  bestow  on  them  that  calm  discussion 
which  their  importance  requires. 

We  regret  that  the  pacific  arrangements  pursued  with  regard  to  certain 
hostile  tribes  of  Indians  have  not  been  attended  with  that  success  which 
we  had  reason  to  expect  from  them.  We  shall  not  hesitate  to  concur  in 
such  further  measures  as  may  best  obviate  any  ill  effects  which  might  be 
apprehended  from  the  failure  of  those  negotiations. 

Your  approbation  of  the  vote  of  this  House  at  the  last  session  respect- 
ing the  provision  for  the  public  creditors  is  very  acceptable  to  us.  The 
proper  mode  of  carrying  that  resolution  into  effect,  being  a  subject  in 
which  the  future  character  and  happiness  of  these  States  are  deeply 
involved,  will  be  among  the  first  to  deserve  our  attention. 

The  prosperity  of  the  United  States  is  the  primary  object  of  all  our 
deliberations,  and  we  cherish  the  reflection  that  every  measure  which  we 


70  Messages  and  Papers  of  the  Presidents 

may  adopt  for  its  advancement  will  not  only  receive  your  cheerful  con- 
currence, but  will  at  the  same  time  derive  from  your  cooperation  addi- 
tional eflBcacy,  in  insuring  to  our  fellow-citizens  the  blessings  of  a  free, 
efficient,  and  equal  government. 
January  12,  1790. 

reply  of  the  president. 

Gentlemen:  I  receive  with  pleasure  the  assurances  you  give  me  that 
you  will  diligently  and  anxiously  pursue  such  measures  as  shall  appear 
to  you  conducive  to  the  interest  of  your  constituents,  and  that  an  early 
and  serious  consideration  will  be  given  to  the  various  and  weighty  matters 
recommended  by  me  to  your  attention. 

I  have  full  confidence  that  your  deliberations  will  continue  to  be  directed 
by  an  enlightened  and  virtuous  zeal  for  the  happiness  of  our  country. 

G9  WASHINGTON. 
January  14,  1790. 


SPECIAL  MESSAGES. 

United  States,  Jamiary  11,  1790. 
Gentlemen  of  the  Senate: 

Having  advised  with  you  upon  the  terms  of  a  treaty  to  be  offered  to 
the  Creek  Nation  of  Indians,  I  think  it  proper  you  should  be  informed 
of  the  result  of  that  business  previous  to  its  coming  before  you  in  your 
legislative  capacity.  I  have  therefore  directed  the  Secretary  for  the 
Department  of  War  to  lay  before  you  my  instructions  to  the  commis- 
sioners and  their  report  in  consequence  thereof. 

The  apparently  critical  state  of  the  Southern  frontier  will  render  it 
expedient  for  me  to  communicate  to  both  Houses  of  Congress,  with  other 
papers,  the  whole  of  the  transactions  relative  to  the  Creeks,  in  order  that 
they  may  be  enabled  to  form  a  judgment  of  the  measures  which  the  case 
may  require. 

GO  WASHINGTON. 

United  States,  January  u,  1790. 
Gentlemen  of  the  House  of  Representatives: 

I  have  directed  Mr.  Lear,  my  private  secretary,  to  lay  before  you  a 
copy  of  the  adoption  and  ratification  of  the  Constitution  of  the  United 
States  by  the  State  of  North  Carolina,  together  with  a  copy  of  a  letter 
from  His  Excellency  Samuel  Johnston,  president  of  the  convention  of 
said  State,  to  the  President  of  the  United  States. 


George  Washington  71 

The  originals  of  the  papers  which  are  herewith  transmitted  to  you 
will  be-  lodged  in  the  ofi&ce  of  the  Secretary  of  State. 

GO  WASHINGTON. 


United  States,  January  12,  lygo. 
Ge7itleme7i  of  the  Senate  and  Hoiise  of  Representatives: 

I  lay  before  you  a  statement  of  the  Southwestern  frontiers  and  of  the 
Indian  Department,  which  have  been  submitted  to  me  by  the  Secretary 
for  the  Department  of  War. 

I  conceive  that  an  unreserved  but  confidential  communication  of  all  the 
papers  relative  to  the  recent  negotiations  with  some  of  the  Southern 
tribes  of  Indians  is  indispensably  requisite  for  the  information  of  Con- 
gress. I  am  persuaded  that  they  will  effectually  prevent  either  transcripts 
or  publications  of  all  such  circumstances  as  might  be  injurious  to  the 
public  interests. 

GO  WASHINGTON. 


United  States,  January  21,  1790. 
Gentlemen  of  the  Senate  and  House  of  Representatives: 

The  Secretary  for  the  Department  of  War  has  submitted  to  me  certain 
principles  to  serve  as  a  plan  for  the  general  arrangement  of  the  militia 
of  the  United  States. 

Conceiving  the  subject  to  be  of  the  highest  importance  to  the  welfare 
of  our  country  and  liable  to  be  placed  in  various  points  of  view,  I  have 
directed  him  to  lay  the  plan  before  Congress  for  their  information,  in 
order  that  they  may  make  such  use  thereof  as  they  may  judge  proper. 

GO  WASHINGTON. 


United  St K'^is^s,  January  25,  1790. 
Gentlemen  oj  the  Senate  and  House  of  Representatives: 

I  have  received  from  His  Excellency  John  E.  Howard,  governor  of  the 
State  of  Maryland,  an  act  of  the  legislature  of  Maryland  to  ratify  certain 
articles  in  addition  to  and  amendment  of  the  Constitution  of  the  United 
States  of  America,  proposed  by  Congress  to  the  legislatures  of  the  several 
States,  and  have  directed  my  secretary  to  lay  a  copy  of  the  same  before 
you,  together  with  the  copy  of  a  letter,  accompanying  the  above  act,  from 
his  excellency  the  governor  of  Maryland  to  the  President  of  the  United 
States. 

The  originals  will  be  deposited  in  the  ofi&ce  of  the  Secretary  of  State. 

GO  WASHINGTON. 


72  Messages  and  Papers  of  the  Presidents 

United  States,  January  28,  1790. 
Gaidcmen  of  the  Senate  and  House  of  Representatives: 

I  have  directed  my  secretarN-  to  lay  before  you  the  copy  of  an  act  of 
the  legislature  of  Rhode  Island  and  Providence  Plantations  entitled  "An 
act  for  calling  a  convention  to  take  into  consideration  the  Constitution 
propased  for  the  United  States,  passed  on  the  17th  day  of  September, 
A.  D.  1787,  by  the  General  Convention  held  at  Philadelphia,"  together 
with  the  copy  of  a  letter,  accompanying  said  act,  from  His  Excellency 
John  Collins,  governor  of  the  State  of  Rhode  Island  and  Providence 
Plantations,  to  the  President  of  the  United  States. 

The  originals  of  the  foregoing  act  and  letter  will  be  deposited  in  the 
office  of  the  Secretary  of  State. 

G9  WASHINGTON. 


United  States,  February  /,  lypo. 
Gentlemen  of  the  Senate  and  House  of  Representatives: 

I  have  receiv^ed  from  His  Excellency  Alexander  Martin,  governor  of 
the  State  of  North  Carolina,  an  act  of  the  general  assembly  of  that  State 
entitled  "An  act  for  the  purpose  of  ceding  to  the  United  States  of  America 
certain  western  lands  therein  described,"  and  have  directed  my  secretary 
to  lay  a  cop>'  of  the  same  before  you,  together  with  a  copy  of  a  letter, 
accompanying  said  act,  from  His  Excellency  Governor  Martin  to  the 
President  of  the  United  States. 

The  originals  of  the  foregoing  act  and  letter  will  be  deposited  in  the 
office  of  the  Secretary  of  State. 

GO  WASHINGTON. 


United  States,  February  p,  lypo. 
Gentlemen  of  the  Senate: 

You  will  perceive  from  the  papers  herewith  delivered,  and  which  are 
enumerated  in  the  annexed  list,  that  a  difference  subsists  between  Great 
Britain  and  the  United  States  relative  to  the  boundary  line  between  our 
eastern  and  their  territories.  A  plan  for  deciding  this  difference  was 
laid  Ixifore  the  late  Congress,  and  whether  that  or  some  other  plan  of  a 
like  kind  would  not  now  Ije  eligible  is  submitted  to  your  consideration. 

In  my  opinion,  it  is  desirable  that  all  questions  between  this  and  other 
nations  lie  speedily  and  amical)ly  settled,  and  in  this  instance  I  think  it 
advisable  to  postpone  any  negotiations  on  the  subject  until  I  shall  be 
informed  of  the  result  of  your  deliberations  and  receive  your  advice  as 
to  the  propositions  most  proper  to  be  offered  on  the  part  of  the  United 
States. 

As  I  am  taking  mea.sures  for  learning  the  intentions  of  Great  Britain 
respecting  the  further  detention  of  our  posts,  etc. ,  I  am  the  more  solicit- 


George  Washington  73 

ous  that  the  business  now  submitted  to  you  may  be  prepared  for  negotia- 
tion as  vsoon  as  the  other  important  affairs  which  engage  your  attention 
will  permit. 

GO  WASHINGTON. 


United  States,  February  75,  1790. 
Gentlemen  of  the  Senate  and  House  of  Representatives: 

I  have  directed  my  secretary  to  lay  before  you  the  copy  of  a  vote  of 
the  legislature  of  the  State  of  New  Hampshire,  to  accept  the  articles 
proposed  in  addition  to  and  amendment  of  the  Constitution  of  the 
United  States  of  America,  except  the  second  article.  At  the  same  time 
will  be  delivered  to  you  the  copy  of  a  letter  from  his  excellency  the 
president  of  the  State  of  New  Hampshire  to  the  President  of  the  United 
States. 

The  originals  of  the  above-mentioned  vote  and  letter  will  be  lodged  in 
the  office  of  the  Secretary  of  State. 

GO  WASHINGTON. 


United  States,  February  18,  1790. 
Gentlemen  of  the  Senate: 

By  the  mail  of  last  evening  I  received  a  letter  from  His  Excellency 
John  Hancock,  governor  of  the  Commonwealth  of  Massachusetts,  inclos- 
ing a  resolve  of  the  senate  and  house  of  representatives  of  that  Common- 
wealth and  sundry  documents  relative  to  the  eastern  boundary  of  the 
United  States. 

I  have  directed  a  copy  of  the  letter  and  resolve  to  be  laid  before  you. 
The  documents  which  accompanied  them  being  but  copies  of  some  of 
the  papers  which  were  delivered  to  you  with  my  communication  of  the 
gtli  of  this  month,  I  have  thought  it  unnecessary  to  lay  them  before  you 
at  this  time.  They  will  be  deposited  in  the  office  of  the  Secretary  of 
State,  together  with  the  originals  of  the  above-mentioned  letters  and 
resolve. 

GO  WASHINGTON. 

United  States,  March  5,  1790. 
Gentlemen  of  the  Senate  and  House  of  Representatives: 

I  have  received  from  His  Excellency  Joshua  Clayton,  president  of  the 
State  of  Delaware,  the  articles  proposed  by  Congress  to  the  legislatures 
of  the  several  States  as  amendments  to  the  Constitution  of  the  United 
States,  which  articles  were  transmitted  to  him  for  the  consideration  of 
the  legislature  of  Delaware,  and  are  now  returned  with  the  following 
resolutions  annexed  to  them,  viz: 

The  general  assembly  of  Delaware  having  taken  into  their  consideration  the  above 


74  Messages  and  Papers  of  the  Presidents 

amendments,  proposed  by  Congress  to  the  respective  legislatures  of  the  several 
States, 

Resolved,  That  the  first  article  be  postponed; 

Resolved,  That  the  general  assemblj'  do  agree  to  the  second,  third,  fourth,  fifth, 
sixtli,  seventh,  eighth,  ninth,  tenth,  eleventh,  and  twelfth  articles,  and  we  do  hereby 
assent  to,  ratify,  and  confirm  the  same  as  part  of  the  Constitution  of  the  United 
States. 

In  testimony  whereof  we  have  caused  the  great  seal  of  the  State  to  be  hereunto 
affixed  this  28th  day  of  January,  A.  D.  1790,  and  in  the  fourteenth  year  of  the  inde- 
pendence of  the  Delaware  State. 

Signed  by  order  of  council. 

GEORGE  MITCHELL,  Speaker. 

Sigfned  by  order  of  the  house  of  assembly. 

JEHU  DAVIS,  Speaker. 

I  have  directed  a  copy  of  the  letter  which  accompanied  the  said  articles, 
from  His  Excellency  Joshua  Clayton  to  the  President  of  the  United  States, 
to  be  laid  before  you. 

The  before-mentioned  articles  and  the  original  of  the  letter  will  be 
lodged  in  the  oflSce  of  the  Secretary  of  State. 

GO  WASHINGTON. 


United  States,  March  i6,  1790. 
Gentlemen  of  the  Senate  and  House  of  Representatives: 

I  have  directed  my  secretary  to  lay  before  you  the  copy  of  an  act  and 
the  form  of  ratification  of  certain  articles  of  amendment  to  the  Constitu- 
tion of  the  United  States  by  the  legislature  of  the  State  of  Pennsylvania, 
together  with  the  copy  of  a  letter  which  accompanied  the  said  act,  from 
the  speaker  of  the  house  of  assembly  of  Pennsylvania  to  the  President 
of  the  United  States. 

The  originals  of  the  above  will  be  lodged  in  the  ofiice  of  the  Secretary 

of  State. 

GO  WASHINGTON. 


United  States,  April  i,  1790. 
Gentlemen  of  the  Senate  and  House  of  Representatives: 

I  have  directed  my  private  secretary  to  lay  before  you  a  copy  of  the 
adoption  by  the  legislature  of  South  Carolina  of  the  articles  proposed  by 
Congress  to  the  legislatures  of  the  several  States  as  amendments  to  the 
Constitution  of  the  United  States,  together  with  the  copy  of  a  letter  from 
the  governor  of  the  State  of  South  Carolina  to  the  President  of  the  United 
States,  which  have  lately  come  to  my  hands. 

The  originals  of  the  foregoing  will  be  lodged  in  the  office  of  the 
Secretary  of  State. 

GO  WASHINGTON. 


George  Washington  75 

United  States,  April 3,  1790. 
Gentlemen  of  the  Senate  and  House  of  Representatives: 

I  have  directed  my  private  secretary  to  lay  before  you  copies  of  three 
acts  of  the  legislature  of  the  State  of  New  York,  which  have  been  trans- 
mitted to  me  by  the  governor  thereof,  viz: 

'  'An  act  declaring  it  to  be  the  duty  of  the  sheriffs  of  the  several  counties 
within  this  State  to  receive  and  safe  keep  such  prisoners  as  shall  be 
committed  under  the  authority  of  the  United  States." 

'  'An  act  for  vesting  in  the  United  States  of  America  the  light-house  and 
the  lands  thereunto  belonging  at  Sandy  Hook." 

'  'An  act  ratifying  certain  articles  in  addition  to  and  amendment  of  the 
Constitution  of  the  United  States  of  America,  proposed  by  Congress. ' ' 

A  copy  of  a  letter  accompanying  said  acts,  from  the  governor  of  the 
State  of  New  York  to  the  President  of  the  United  States,  will  at  the 
same  time  be  laid  before  you,  and  the  originals  be  deposited  in  the  office 
of  the  Secretary  of  State. 

GO  WASHINGTON. 


United  States,  May  31,  1790. 
Gejttlemen  of  the  Senate: 

Mr.  de  Poiery  served  in  the  American  Army  for  several  of  the  last 
years  of  the  late  war  as  secretary  to  Major- General  the  Marquis  de 
Lafayette,  and  might  probably  at  that  time  have  obtained  the  commis- 
sion of  captain  from  Congress  upon  application  to  that  body.  At  present 
he  is  an  officer  in  the  French  national  guards,  and  solicits  a  brevet  com- 
mission from  the  United  States  of  America.  I  am  authorized  to  add, 
that  while  the  compliance  will  involve  no  expense  on  our  part,  it  will  be 
particularly  grateful  to  that  friend  of  America,  the  Marquis  de  Lafayette. 
I  therefore  nominate  M.  de  Poiery  to  be  a  captain  by  brevet. 

GO  WASHINGTON. 


United  States,  fune  i,  1790. 
Gentlemen  of  the  Senate  and  House  of  Representatives: 

Having  received  official  information  of  the  accession  of  the  State  of 
Rhode  Island  and  Providence  Plantations  to  the  Constitution  of  the 
United  States,  I  take  the  earliest  opportunity  of  communicating  the  same 
to  you,  with  my  congratulations  on  this  happy  event,  which  unites  under 
the  General  Government  all  the  States  which  were  originally  confeder- 
ated, and  have  directed  my  secretary  to  lay  before  you  a  copy  of  the 
letter  from  the  president  of  the  convention  of  the  State  of  Rhode  Island 

to  the  President  of  the  United  States. 

G9  WASHINGTON. 


76  Messages  and  Papers  of  the  Presidents 

United  States,  June  11,  1790. 
Gentlemen  of  tJie  Senate  and  House  of  Representatives: 

I  have  directed  my  secretary-  to  lay  before  you  a  copy  of  the  ratification 
of  the  amendments  to  the  Constitution  of  the  United  States  by  the  State 
of  North  Carohna,  together  with  an  extract  from  a  letter,  accompanying 
said  ratification,  from  the  governor  of  the  State  of  North  Carolina  to  the 

President  of  the  United  States. 

GO  WASHINGTON. 


United  St^fES,  fine  j6,  1790. 
Gentlemeti  of  the  Senate  and  House  of  Representatives: 

The  ratification  of  the  Constitution  of  the  United  States  of  America  by 
the  State  of  Rhode  Island  and  Providence  Plantations  was  received  by  me 
last  night,  together  with  a  letter  to  the  President  of  the  United  States 
from  the  president  of  the  convention.  I  have  directed  my  secretary^  to  lay 
before  you  a  copy  of  each. 

GO  WASHINGTON. 


United  States, /««^  jo,  1790. 
Gentlemen  oj  the  Senate  and  House  of  Representatives: 

An  act  of  the  legislature  of  the  State  of  Rhode  Island  and  Providence 
Plantations,  for  ratifying  certain  articles  as  amendments  to  the  Consti- 
tution of  the  United  States,  was  yesterday  put  into  my  hands,  and  I  have 
directed  my  secretary  to  lay  a  copy  of  the  same  Ijefore  you. 

GO  WASHINGTON. 


United  States,  August  4.,  1790. 
Gentlemen  of  the  Senate: 

In  consequence  of  the  general  principles  agreed  to  by  the  Senate  in 
August,  1789,  the  adjustment  of  the  terms  of  a  treaty  is  far  advanced 
between  the  United  States  and  the  chiefs  of  the  Creek  Indians,  now  in 
this  city,  in  behalf  of  themselves  and  the  whole  Creek  Nation. 

In  preparing  the  articles  of  this  treaty  the  present  arrangements  of  the 
trade  with  the  Creeks  have  caused  much  embarrassment.  It  seems  to 
be  well  ascertained  that  the  said  trade  is  almost  exclusively  in  the  hands 
of  a  company  of  Briti.sh  merchants,  who  by  agreement  make  their  impor- 
tations of  goods  from  England  into  the  Spanish  ports. 

As  the  trade  of  the  Indians  is  a  main  mean  of  their  political  manage- 
ment, it  is  therefore  obvious  that  the  United  States  can  not  possess  any 
security  for  the  performance  of  treaties  with  the  Creeks  while  their  trade 
is  liable  to  lie  interrupted  or  withheld  at  the  caprice  of  two  foreign 
powers. 


George  Washington  yj 

Hence  it  becomes  an  object  of  real  importance  to  form  new  channels 
for  the  commerce  of  the  Creeks  through  the  United  States.  But  this 
operation  will  require  time,  as  the  present  arrangements  can  not  be 
suddenly  broken  without  the  greatest  violation  of  faith  and  morals. 

It  therefore  appears  to  be  important  to  form  a  secret  article  of  a  treaty 
similar  to  the  one  which  accompanies  this  message. 

If  the  Senate  should  require  any  further  explanation,  the  Secretary  of 
War  will  attend  them  for  that  purpose. 

GO  WASHINGTON. 

The  President  of  the  United  States  states  the  following  question  for 
the  consideration  and  advice  of  the  Senate:  If  it  should  be  found  essen- 
tial to  a  treaty  for  the  firm  establishment  of  peace  with  the  Creek  Nation 
of  Indians  that  an  article  to  the  following  effect  should  be  inserted 
therein,  will  such  an  article  be  proper?  viz : 

SECRET   ARTICLE. 

The  commerce  necessary  for  the  Creek  Nation  shall  be  carried  on 
through  the  ports  and  by  the  citizens  of  the  United  States  if  substantial 
and  effectual  arrangements  shall  be  made  for  that  purpose  by  the  United 
States  on  or  before  the  ist  day  of  August,  1792.  In  the  meantime  the 
said  commerce  may  be  carried  on  through  its  present  channels  and 
according  to  its  present  regulations. 

And  whereas  the  trade  of  the  said  Creek  Nation  is  now  carried  on 
wholly  or  principally  through  the  territories  of  Spain,  and  obstructions 
thereto  may  happen  by  war  or  prohibitions  of  the  Spanish  Government, 
it  is  therefore  agreed  between  the  said  parties  that  in  the  event  of  any 
such  obstructions  happening  it   shall  be  lawful   for  such  persons  as 

shall  designate  to  introduce  into  and  transport  through 

the  territories  of  the  United  States  to  the  country  of  the  said  Creek 
Nation  any  quantity  of  goods,  wares,  and  merchandise  not  exceeding  in 
value  in  any  one  year  $60,000,  and  that  free  from  any  duties  or  imposi- 
tions whatsoever,  but  subject  to  such  regulations  for  guarding  against 
abuse  as  the  United  States  shall  judge  necessary,  which  privilege  shall 
continue  as  long  as  such  obstruction  shall  continue. 

GO  WASHINGTON. 


United  States,  Augiist  6,  1790. 
Gentlemen  of  the  Senate: 

Considering  the  circumstances  which  prevented  the  late  commissioners 
from  concluding  a  peace  with  the  Creek  Nation  of  Indians,  it  appeared 
to  me  most  prudent  that  all  subsequent  measures  for  disposing  them  to 
a  treaty  should  in  the  first  instance  be  informal. 

I  informed  you  on  the  4th  instant  that  the  adjustment  of  the  terms  of 
a  treaty  with  their  chiefs,  now  here,  was  far  advanced.     Such  further 


78  Messages  and  Papers  of  the  Presidents 

progress  has  since  been  made  that  I  think  measures  may  at  present  be 
taken  for  conducting  and  concluding  that  business  in  form.  It  there- 
fore becomes  necessary  that  a  proper  person  be  appointed  and  authorized 
to  treat  with  these  chiefs  and  to  conclude  a  treaty  with  them.  For  this 
purpose  I  nominate  to  you  Henry  Knox. 

G9  WASHINGTON. 


United  States,  August  6,  1790. 
Gentlemen  of  the  Senate  and  House  of  Representatives: 

I  have  directed  my  secretary  to  lay  before  yo\x  a  copy  of  an  exemplified 
copy  of  a  law  to  ratify  on  the  part  of  the  State  of  New  Jersey  certain 
amendments  to  the  Constitution  of  the  United  States,  together  with  a 
copy  of  a  letter,  which  accompanied  said  ratification,  from  Hon.  Elisha 
Lawrence,  esq.,  vice-president  of  the  State  of  New  Jersey,  to  the  Presi- 
dent of  the  United  States. 

G9  WASHINGTON. 


United  States,  August  7,  1790. 
Gentlemen  of  the  Senate: 

I  lay  before  you  a  treaty  between  the  United  States  and  the  chiefs  of 
the  Creek  Nation,  now  in  this  city,  in  behalf  of  themselves  and  the  whole 
Creek  Nation,  subject  to  the  ratification  of  the  President  of  the  United 
States  with  the  advice  and  consent  of  the  Senate. 

While  I  flatter  myself  that  this  treaty  will  be  productive  of  present 
peace  and  prosperity  to  our  Southern  frontier,  it  is  to  be  expected  that  it 
will  also  in  its  consequences  be  the  means  of  firmly  attaching  the  Creeks 
and  the  neighboring  tribes  to  the  interests  of  the  United  States. 

At  the  same  time  it  is  to  be  hoped  that  it  will  afford  solid  grounds  of 
satisfaction  to  the  State  of  Georgia,  as  it  contains  a  regular,  full,  and 
definitive  relinquishment  on  the  part  of  the  Creek  Nation  of  the  Oconee 
land  in  the  utmost  extent  in  which  it  has  been  claimed  by  that  State, 
and  thus  extinguishes  the  principal  cause  of  those  hostilities  from  which 
it  has  more  than  once  experienced  such  severe  calamities. 

But  although  the  most  valuable  of  the  disputed  land  is  included,  yet 
there  is  a  certain  claim  of  Georgia,  arising  out  of  the  treaty  made  by  that 
State  at  Galphinston  in  November,  1785,  of  land  to  the  eastward  of  a 
new  temporary  line  from  the  forks  of  the  Oconee  and  Oakmulgee  in  a 
southwest  direction  to  the  St.  Marys  River,  which  tract  of  land  the 
Creeks  in  this  city  absolutely  refuse  to  yield. 

This  land  is  reported  to  be  generally  barren,  sunken,  and  unfit  for 
cultivation,  except  in  some  instances  on  the  margin  of  the  rivers,  on 
which  by  improvement  rice  might  be  cultivated,  its  chief  value  depend- 
ing on  the  timber  fit  for  the  building  of  ships,  with  which  it  is  repre- 
sented as  abounding. 


George  Washington  yg 

While  it  is  thus  circumstanced  on  the  one  hand,  it  is  stated  by  the 
Creeks  on  the  other  to  be  of  the  highest  importance  to  them  as  consti- 
tuting some  of  their  most  valuable  winter  hunting  ground. 

I  have  directed  the  commissioner  to  whom  the  charge  of  adjusting  this 
treaty  has  been  committed  to  lay  before  you  such  papers  and  documents 
and  to  communicate  to  you  such  information  relatively  to  it  as  you  may 
require, 

GO  WASHINGTON. 

United  States,  August  it,  lypo. 
Gentlemen  of  the  Senate: 

Although  the  treaty  with  the  Creeks  may  be  regarded  as  the  main 
foundation  of  the  future  peace  and  prosperity  of  the  Southwestern 
frontier  of  the  United  States,  yet  in  order  fully  to  effect  so  desirable  an 
object  the  treaties  which  have  been  entered  into  with  the  other  tribes  in 
that  quarter  must  be  faithfully  performed  on  our  parts. 

During  the  last  year  I  laid  before  the  Senate  a  particular  statement  of 
the  case  of  the  Cherokees.  By  a  reference  to  that  paper  it  will  appear 
that  the  United  States  formed^a  treaty  with  the  Cherokees  in  November, 
1785  ;  that  the  said  Cherokees  thereby  placed  themselves  under  the  pro- 
tection of  the  United  States  and  had  a  boundary  assigned  them ;  that 
the  white  people  settled  on  the  frontiers  had  openly  violated  the  said 
boundary  by  intruding  on  the  Indian  lands ;  that  the  United  States  in 
Congress  assembled  did,  on  the  ist  day  of  September,  1788,  issue  their 
proclamation  forbidding  all  such  unwarrantable  intrusions,  and  enjoined 
all  those  who  had  settled  upon  the  hunting  grounds  of  the  Cherokees 
to  depart  with  their  families  and  effects  without  loss  of  time,  as  they 
would  answer  their  disobedience  to  the  injunctions  and  prohibitions 
expressed  at  their  peril. 

But  information  has  been  received  that  notwithstanding  the  said  treaty 
and  proclamation  upward  of  500  families  have  settled  on  the  Cherokee 
lands  exclusively  of  those  settled  between  the  fork  of  French  Broad  and 
Holstein  rivers,  mentioned  in  the  said  treaty. 

As  the  obstructions  to  a  proper  conduct  on  this  matter  have  been 
removed  since  it  was  mentioned  to  the  Senate  on  the  2 2d  of  August, 
1789,  by  the  accession  of  North  Carolina  to  the  present  Union  and  the 
cessions  of  the  land  in  question,  I  shall  conceive  myself  bound  to  exert  the 
powers  intrusted  to  me  by  the  Constitution  in  order  to  carry  into  faithful 
execution  the  treaty  of  Hopewell,  unless  it  shall  be  thought  proper  to 
attempt  to  arrange  a  new  boundary  with  the  Cherokees,  embracing  the 
settlements,  and  compensating  the  Cherokees  for  the  cessions  they  shall 
make  on  the  occasion.  On  this  point,  therefore,  I  state  the  following 
questions  and  request  the  advice  of  the  Senate  thereon  : 

First.  Is  it  the  judgment  of  the  Senate  that  overtures  shall  be  made 
to  the  Cherokees  to  arrange  a  new  boundary  so  as   to  embrace   the 


8o  Messages  and  Papers  of  the  Pi'esidents 

settlements  made  by  the  white  people  since  the  treaty  of  Hopewell,  in 
November,  1785? 

Second.   If  so,  shall  compensation  to  the  amount  of  dollars 

annually,  or  of  dollars  in  gross,  be  made  to  the  Cherokees  for 

the  land  they  shall  relinquish,  holding  the  occupiers  of  the  land  account- 
able to  the  United  States  for  its  value? 

Third.  Shall  the  United  States  stipulate  solemnly  to  guarantee  the 
new  boundary  which  may  be  arranged  ? 

G9  WASHINGTON. 


PROCLAMATIONS. 

[From  the  Gazette  of  the  United  States  (New  York),  September  15, 1790,  in  the  Library  of  Congress.] 

By  the  President  of  the  United  States  of  America, 
a  proclamation. 

Whereas  a  treaty  of  peace  and  friendship  between  the  United  States 
and  the  Creek  Nation  was  made  and  concluded  on  the  7th  day  of  the 
present  month  of  August;  and 

Whereas  I  have,  by  and  with  the  advice  and  consent  of  the  Senate,  in 
due  form  ratified  the  said  treaty: 

Now,  therefore,  to  the  end  that  the  same  may  be  observed  and  per- 
formed with  good  faith  on  the  part  of  the  United  States,  I  have  ordered 
the  said  treaty  to  be  herewith  published;  and  I  do  hereby  enjoin  and 
require  all  officers  of  the  United  States,  civil  and  military,  and  all  other 
citizens  and  inhabitants  thereof,  faithfully  to  observe  and  fulfill  the 
same. 

Given  under  my  hand  and  the  seal  of  the  United  States,  in  the  city  of 
New  York,  the  14th  day  of  August,  A.  D.  1790,  and  in  the 
[seal.]     fifteenth  year  of  the  Sovereignty  and  Independence  of  the 
United  States.  qo  WASHINGTON. 

By  the  President: 

Th:  Jefferson. 

[From  Miscellaneous  Letters,  Department  of  State,  vol.  3.] 

By  the  President  of  the  United  States  of  America. 

a  proclamation. 

Whereas  it  hath  at  this  time  become  peculiarly  necessary  to  warn  the 
citizens  of  the  United  States  against  a  violation  of  the  treaties  made  at 
Hopewell,  on  the  Keowee,  on  the  28th  day  of  November,  1785,  and  on 
the  3d  and  roth  days  of  January,  1786,  between  the  United  States  and 
the  Cherokee,  Choctaw,  and  Chickasaw  nations  of  Indians,  and  to  enforce 


George  Washington  8i 

an  act  entitled  '  'An  act  to  regulate  trade  and  intercourse  with  the  Indian 
tribes, ' '  copies  of  which  treaties  and  act  are  hereunto  annexed,  I  have 
therefore  thought  fit  to  require,  and  I  do  by  these  presents  require,  all 
officers  of  the  United  States,  as  well  civil  as  military,  and  all  other  citi- 
zens and  inhabitants  thereof,  to  govern  themselves  according  to  the  trea- 
ties and  act  aforesaid,  as  they  will  answer  the  contrary  at  their  peril. 
Given  under  my  hand  and  the  seal  of  the  United  States,  in  the  city  of 
New  York,  the  26th  day  of  August,  A.  D.  1790,  and  in  the 
[seal.]     fifteenth  year   of   the   Sovereignty  and  Independence  of  the 
United  States. 

GO  WASHINGTON. 
By  the  President: 

Th:  Jefferson. 


SECOND  ANNUAL  ADDRESS. 

United  States,  December  8,  1790. 
Fellow-Citizens  of  the  Senate  and  House  of  Representatives: 

In  meeting  you  again  I  feel  much  satisfaction  in  being  able  to  repeat 
my  congratulations  on  the  favorable  prospects  which  continue  to  distin- 
guish our  public  affairs.  The  abundant  fruits  of  another  y^zx  have 
blessed  our  country  with  plenty  and  with  the  means  of  a  flourishing 
commerce.  The  progress  of  public  credit  is  witnessed  by  a  considerable 
rise  of  American  stock  abroad  as  well  as  at  home,  and  the  revenues 
allotted  for  this  and  other  national  purposes  have  been  productive  beyond 
the  calculations  by  which  they  were  regulated.  This  latter  circumstance 
is  the  more  pleasing,  as  it  is  not  only  a  proof  of  the  fertility  of  our 
resources,  but  as  it  assures  us  of  a  further  increase  of  the  national 
respectability  and  credit,  and,  let  me  add,  as  it  bears  an  honorable  testi- 
mony to  the  patriotism  and  integrity  of  the  mercantile  and  marine  part 
of  our  citizens.  The  punctuality  of  the  former  in  discharging  their 
engagements  has  been  exemplar>\ 

In  conformity  to  the  powers  vested  in  me  by  acts  of  the  last  session, 
a  loan  of  3,000,000  florins,  toward  which  some  provisional  measures 
had  previously  taken  place,  has  been  completed  in  Holland.  As  well 
the  celerity  with  which  it  has  been  filled  as  the  nature  of  the  terms 
(considering  the  more  than  ordinary  demand  for  borrowing  created  by 
the  situation  of  Europe)  give  a  reasonable  hope  that  the  further  execu- 
tion of.  those  powers  may  proceed  with  advantage  and  success.  The 
Secretary  of  the  Treasury  has  my  directions  to  communicate  such  further 
particulars  as  may  be  requisite  for  more  precise  information. 

Since  your  last  sessions  I  have  received  communications  by  which  it 
appears  that  the  district  of  Kentucky,  at  present  a  part  of  Virginia,  has 
M  P — vol,  I — 6 


82  Messages  and  Papers  of  the  Presidents 

concurred  in  certain  propositions  contained  in  a  law  of  that  State,  in 
consequence  of  which  the  district  is  to  become  a  distinct  member  of  the 
Union,  in  case  the  requisite  sanction  of  Congress  be  added.  For  this 
sanction  application  is  now  made.  I  shall  cause  the  papers  on  this  very- 
important  transaction  to  be  laid  before  you.  The  liberality  and  harmony 
with  which  it  has  been  conducted  will  be  found  to  do  great  honor  to  both 
the  parties,  and  the  sentiments  of  warm  attachment  to  the  Union  and  its 
present  Government  expressed  by  our  fellow-citizens  of  Kentucky  can 
not  fail  to  add  an  affectionate  concern  for  their  particular  welfare  to  the 
great  national  impressions  under  which  you  will  decide  on  the  case 
submitted  to  you. 

It  has  been  heretofore  known  to  Congress  that  frequent  incursions  have 
been  made  on  our  frontier  settlements  by  certain  banditti  of  Indians  from 
the  northwest  side  of  the  Ohio.  These,  with  some  of  the  tribes  dwelling 
on  and  near  the  Wabash,  have  of  late  been  particularly  active  in  their 
depredations,  and  being  emboldened  by  the  impunity  of  their  crimes  and 
aided  by  such  parts  of  the  neighboring  tribes  as  could  be  seduced  to  join 
in  their  hostilities  or  afford  them  a  retreat  for  their  prisoners  and  plunder, 
they  have,  instead  of  listening  to  the  humane  invitations  and  overtures 
made  on  the  part  of  the  United  States,  renewed  their  violences  with 
fresh  alacrity  and  greater  effect.  The  lives  of  a  number  of  valuable 
citizens  have  thus  been  sacrificed,  and  some  of  them  under  circumstances 
peculiarly  shocking,  whilst  others  have  been  carried  into  a  deplorable 
captivity. 

These  aggravated  provocations  rendered  it  essential  to  the  safety  of  the 
Western  settlements  that  the  aggressors  should  be  made  sensible  that  the 
Government  of  the  Union  is  not  less  capable  of  punishing  their  crimes 
than  it  is  disposed  to  respect  their  rights  and  reward  their  attachments. 
As  this  object  could  not  be  effected  by  defensive  measures,  it  became 
necessary  to  put  in  force  the  act  which  empowers  the  President  to  call 
out  the  militia  for  the  protection  of  the  frontiers,  and  I  have  accord- 
ingly authorized  an  expedition  in  which  the  regular  troops  in  that  quar- 
ter are  combined  with  such  drafts  of  militia  as  were  deemed  sufficient. 
The  event  of  the  measure  is  yet  unknown  to  me.  The  Secretary  of  War 
is  directed  to  lay  before  you  a  statement  of  the  information  on  which  it 
is  founded,  as  well  as  an  estimate  of  the  expense  with  which  it  will  be 
attended. 

The  disturbed  situation  of  Europe,  and  particularly  the  critical  posture 
of  the  great  maritime  powers,  whilst  it  ought  to  make  us  the  more 
thankful  for  the  general  peace  and  security  enjoyed  by  the  United  States, 
reminds  us  at  the  same  time  of  the  circumspection  with  which  it  becomes 
us  to  preserve  these  blessings.  It  requires  also  that  we  should  not  over- 
look the  tendency  of  a  war,  and  even  of  preparations  for  a  war,  among 
the  nations  most  concerned  in  active  commerce  with  this  country  to 
abridge  the  means,  and  thereby  at  least  enhance  the  price,  of  transport- 


George  Washington  83 

ing  its  valuable  productions  to  their  proper  markets.  I  recommend  it  to 
your  serious  reflections  how  far  and  in  what  mode  it  may  be  expedient 
to  guard  against  embarrassments  from  these  contingencies  by  such 
encouragements  to  our  own  navigation  as  will  render  our  commerce  and 
agriculture  less  dependent  on  foreign  bottoms,  which  may  fail  us  in  the 
very  moments  most  interesting  to  both  of  these  great  objects.  Our  fish- 
eries and  the  transportation  of  our  own  produce  offer  us  abundant  means 
for  guarding  ourselves  against  this  evil. 

Your  attention  seems  to  be  not  less  due  to  that  particular  branch  of 
our  trade  which  belongs  to  the  Mediterranean.  So  many  circumstances 
unite  in  rendering  the  present  state  of  it  distressful  to  us  that  you  will 
not  think  any  deliberations  misemployed  which  may  lead  to  its  relief 
and  protection. 

The  laws  you  have  already  passed  for  the  establishment  of  a  judiciary 
system  have  opened  the  doors  of  justice  to  all  descriptions  of  persons. 
You  will  consider  in  your  wisdom  whether  improvements  in  that  system 
may  yet  be  made,  and  particularly  whether  an  uniform  process  of  execu- 
tion on  sentences  issuing  from  the  Federal  courts  be  not  desirable  through 
ill  the  States. 

The  patronage  of  our  commerce,  of  our  merchants  and  seamen,  has 
called  for  the  appointment  of  consuls  in  foreign  countries.  It  seems 
expedient  to  regulate  by  law  the  exercise  of  that  jurisdiction  and  those 
functions  which  are  permitted  them,  either  by  express  convention  or  by 
a  friendly  indulgence,  in  the  places  of  their  residence.  The  consular 
convention,  too,  with  His  Most  Christian  Majesty  has  stipulated  in 
certain  cases  the  aid  of  the  national  authority  to  his  consuls  established 
here.  Some  legislative  provision  is  requisite  to  carry  these  stipulations 
into  full  effect. 

The  establishment  of  the  militia,  of  a  mint,  of  standards  of  weights  and 
measures,  of  the  post-office  and  post-roads  are  subjects  which  I  presume 
you  will  resume  of  course,  and  which  are  abundantly  urged  by  their  own 
importance. 

Gentlemen  of  the  House  of  Representatives: 

The  sufficiency  of  the  revenues  you  have  established  for  the  objects  to 
which  they  are  appropriated  leaves  no  doubt  that  the  residuary  provisions 
will  be  commensurate  to  the  other  objects  for  which  the  public  faith 
stands  now  pledged.  Allow  me,  moreover,  to  hope  that  it  will  be  a 
favorite  policy  with  you,  not  merely  to  secure  a  payment  of  the  interest 
of  the  debt  funded,  but  as  far  and  as  fast  as  the  growing  resources  of  the 
country  will  permit  to  exonerate  it  of  the  principal  itself.  The  appro- 
priation you  have  made  of  the  Western  land  explains  your  dispositions 
on  this  subject,  and  I  am  persuaded  that  the  sooner  that  valuable  fund  can 
be  made  to  contribute,  along  with  other  means,  to  the  actual  reduction 
of  the  public  debt  the  more  salutary  will  the  measure  be  to  ever>'  public 
interest,  as  well  as  the  more  satisfactory  to  our  constituents. 


84  Messages  and  Papers  of  the  Presidents 

Gentlemen  of  the  Senate  and  House  of  Representatives: 

in  pursuing  the  various  and  weighty  business  of  the  present  session 
I  indulge  the  fullest  persuasion  that  your  consultations  will  be  equally 
marked  with  wisdom  and  animated  by  the  love  of  your  country.  In 
whatever  belongs  to  my  duty  you  shall  have  all  the  cooperation  which 
an  undiminished  zeal  for  its  welfare  can  inspire.  It  will  'be  happy  for 
us  both,  and  our  best  reward,  if,  by  a  successful  administration  of  our 
respective  trusts,  we  can  make  the  established  Government  more  and 
more  instrumental  in  promoting  the  good  of  our  fellow-citizens,  and  more 
and  more  the  object  of  their  attachment  and  confidence. 

GO  WASHINGTON. 


ADDRESS   OF  THE   SENATE  TO   GEORGE  WASHINGTON,    PRESIDENT 
OF  THE  UNITED  STATES. 

The  President  of  the  United  States  of  America: 

We  receive,  sir,  with  particular  satisfaction  the  communications  con- 
tained in  your  speech,  which  confirm  to  us  the  progressive  state  of  the 
public  credit  and  afford  at  the  same  time  a  new  proof  of  the  solidity  of 
the  foundation  on  which  it  rests;  and  we  cheerfully  join  in  the  acknowl- 
edgment which  is  due  to  the  probity  and  patriotism  of  the  mercantile 
and  marine  part  of  our  fellow-citizens,  whose  enlightened  attachment  to 
the  principles  of  good  government  is  not  less  conspicuous  in  this  than  it 
has  been  in  other  important  respects. 

In  confidence  that  every  constitutional  preliminary  has  been  observed, 
we  assure  you  of  our  disposition  to  concur  in  giving  the  requisite  sanc- 
tion to  the  admission  of  Kentucky  as  a  distinct  member  of  the  Union; 
in  doing  which  we  shall  anticipate  the  happy  effects  to  be  expected  from 
the  sentiments  of  attachment  toward  the  Union  and  its  present  Govern- 
ment which  have  been  expressed  by  the  patriotic  inhabitants  of  that 
district. 

While  we  regret  that  the  continuance  and  increase  of  the  hostilities 
and  depredations  which  have  distressed  our  Northwestern  frontiers  should 
have  rendered  offensive  measures  necessary,  we  feel  an  entire  confidence 
in  the  sufficiency  of  the  motives  which  have  produced  them  and  in  the 
wisdom  of  the  dispositions  which  have  been  concerted  in  pursuance  of 
the  powers  vested  in  you,  and  whatever  may  have  been  the  event,  we 
shall  cheerfully  concur  in  the  provisions  which  the  expedition  that  has 
been  undertaken  may  require  on  the  part  of  the  Legislature,  and  in  any 
other  which  the  future  peace  and  safety  of  our  frontier  settlements  may 
call  for. 

The  critical  posture  of  the  European  powers  will  engage  a  due  portion 
of  our  attention,  and  we  shall  be  ready  to  adopt  any  measures  which  a 
prudent  circumspection  may  suggest  for  the  preservation  of  the  blessings 


George  Washington  85 

of  peace.  The  navigation  and  the  fisheries  of  the  United  States  are 
objects  too  interesting  not  to  inspire  a  disposition  to  promote  them  by 
all  the  means  which  shall  appear  to  us  consistent  with  their  natural 
progress  and  permanent  prosperity. 

Impressed  with  the  importance  of  a  free  intercourse  with  the  Mediter- 
ranean, we  shall  not  think  any  deliberations  misemployed  which  may 
conduce  to  the  adoption  of  proper  measures  for  removing  the  impedi- 
ments that  obstruct  it. 

The  improvement  of  the  judiciary  system  and  the  other  important 
objects  to  which  you  have  pointed  our  attention  will  not  fail  to  engage 
the  consideration  they  respectively  merit. 

In  the  course  of  our  deliberations  upon  every  subject  we  shall  rely 
upon  that  cooperation  which  an  undiminished  zeal  and  incessant  anxiety 
for  the  public  welfare  on  your  part  so  thoroughly  insure;  and  as  it  is 
our  anxious  desire  so  it  shall  be  our  constant  endeavor  to  render  the 
established  Government  more  and  more  instrumental  in  promoting  the 
good  of  our  fellow-citizens,  and  more  and  more  the  object  of  their  attach- 
ment and  confidence. 

December  10,  1790. 

reply  of  the  president. 

Gentlemen:  These  assurances  of  favorable  attention  to  the  subjects 
I  have  recommended  and  of  entire  confidence  in  my  views  make  the 
impression  on  me  which  I  ought  to  feel.  I  thank  you  for  them  both, 
and  shall  continue  to  rely  much  for  the  success  of  all  our  measures  for 
the  public  good  on  the  aid  they  will  receive  from  the  wisdom  and  integ- 
rity of  your  councils. 

GP  WASHINGTON. 

December  13,  1790. 

address  of  the  house  of  representatives  to  george 
washington,  president  of  the  united  states. 

Sir:  The  Representatives  of  the  people  of  the  United  States  have  taken 
into  consideration  your  address  to  the  two  Houses  at  the  opening  of  the 
present  session  of  Congress. 

We  share  in  the  satisfaction  inspired  by  the  prospects  which  continue 
to  be  so  auspicious  to  our  public  affairs.  The  blessings  resulting  from 
the  smiles  of  Heaven  on  our  agriculture,  the  rise  of  public  credit,  with 
the  further  advantages  promised  by  it,  and  the  fertility  of  resources  which 
are  found  so  little  burdensome  to  the  community,  fully  authorize  our 
mutual  congratulations  on  the  present  occasion.  Nor  can  we  learn  with- 
out an  additional  gratification  that  the  energy  of  the  laws  for  providing 
adequate  revenues  have  been  so  honorably  seconded  by  those  classes  of 
citizens  whose  patriotism  and  probity  were  more  immediately  concerned. 


86  Messages  aiid  Papers  of  the  Presidents 

The  success  of  the  loan  opened  in  Holland,  under  the  disadvantages  of 
the  present  moment,  is  the  more  important,  as  it  not  only  denotes  the 
confidence  already  placed  in  the  United  States,  but  as  the  effect  of  a 
judicious  application  of  that  aid  will  still  further  illustrate  the  solidity  of 
the  foundation  on  which  the  public  credit  rests. 

The  preparatory  steps  taken  by  the  State  of  Virginia,  in  concert  with 
the  district  of  Kentucky,  toward  the  erection  of  the  latter  into  a  distinct 
member  of  the  Union  exhibit  a  liberality  mutually  honorable  to  the 
parties.  We  shall  bestow  on  this  important  subject  the  favorable  consid- 
eration whicii  it  merits,  and,  with  the  national  policy  which  ought  to 
govern  our  decision,  shall  not  fail  to  mingle  the  affectionate  sentiments 
which  are  awakened  by  those  expressed  on  behalf  of  our  fellow-citizens 
of  Kentucky. 

Whilst  we  regret  the  necessity  which  has  produced  offensive  hostili- 
ties against  some  of  the  Indian  tribes  northwest  of  the  Ohio,  we  sympa- 
thize too  much  with  our  Western  brethren  not  to  behold  with  approbation 
the  watchfulness  and  vigor  which  have  been  exerted  by  the  executive 
authority  for  their  protection,  and  which  we  trust  will  make  the  aggres- 
sors sensible  that  it  is  their  interest  to  merit  by  a  peaceable  behavior  the 
friendship  and  humanity  which  the  United  States  are  always  ready  to 
extend  to  them. 

The  encouragement  of  our  own  navigation  has  at  all  times  appeared  to 
us  highly  important.  The  point  of  view  under  which  you  have  recom- 
mended it  to  us  is  strongly  enforced  by  the  actual  state  of  things  in 
Europe.  It  will  be  incumbent  on  us  to  consider  in  what  mode  our  com- 
merce and  agriculture  can  be  best  relieved  from  an  injurious  dependence 
on  the  navigation  of  other  nations,  which  the  frequency  of  their  wars 
renders  a  too  precarious  resource  for  conveying  the  productions  of  our 
country  to  market. 

The  present  state  of  our  trade  to  the  Mediterranean  seems  not  less 
to  demand,  and  will  accordingly  receive,  the  attention  which  you  have 
recommended. 

Having  already  concurred  in  establishing  a  judiciary  system  whicli 
opens  the  doors  of  justice  to  all,  without  distinction  of  persons,  it  will  be 
our  disposition  to  incorporate  every  improvement  which  experience  may 
suggest.  And  we  shall  consider  in  particular  how  far  the  uniformity 
which  in  other  cases  is  found  convenient  in  the  administration  of  the 
General  Government  through  all  the  States  may  be  introduced  into  the 
forms  and  rules  of  executing  sentences  i.ssuing  from  the  Federal  courts. 

The  proper  regulation  of  the  jurisdiction  and  functions  which  may  be 
exercised  by  consuls  of  the  United  States  in  foreign  countries,  with  the 
provisions  stipulated  to  those  of  His  Most  Christian  Majesty  established 
here,  are  subjects  of  too  much  consequence  to  the  public  interest  and 
honor  not  to  partake  of  our  deliberations. 

We  shall  renew  our  attention  to  the  establishment  of  the  mihtia  and 


George  Washington  87 

the  other  subjects  unfinished  at  the  last  session,  and  shall  proceed  in 
them  with  all  the  dispatch  which  the  magnitude  of  all  and  the  difl&culty 
of  some  of  them  will  allow. 

Nothing  has  given  us  more  satisfaction  than  to  find  that  the  revenues 
heretofore  established  have  proved  adequate  to  the  purposes  to  which 
they  were  allotted.  In  extending  the  provision  to  the  residuary  objects 
it  will  be  equally  our  care  to  secure  sufficiency  and  punctuality  in  the 
payments  due  from  the  Treasury  of  the  United  States.  We  shall  also 
never  lose  sight  of  the  policy  of  diminishing  the  public  debt  as  fast  as 
the  increase  of  the  public  resources  will  permit,  and  are  particularly 
sensible  of  the  many  considerations  which  press  a  resort  to  the  auxiUary 
resource  furnished  by  the  public  lands. 

In  pursuing  every  branch  of  the  weighty  business  of  the  present  ses- 
sion it  will  be  our  constant  study  to  direct  our  deliberations  to  the  public 
welfare.  Whatever  our  success  may  be,  we  can  at  least  answer  for  the 
fervent  love  of  our  country,  which  ought  to  animate  our  endeavors.  In 
your  cooperation  we  are  sure  of  a  resource  which  fortifies  our  hopes  that 
the  fruits  of  the  established  Government  will  justify  the  confidence  which 
has  been  placed  in  it,  and  recommend  it  more  and  more  to  the  affection 
and  attachment  of  our  fellow-citizens. 

December  ii,  1790. 

rbpiyy  of  the  president. 

Gentlemen:  The  sentiments  expressed  in  your  address  are  entitled 
to  my  particular  acknowledgment. 

Having  no  object  but  the  good  of  our  country,  this  testimony  of  appro- 
bation and  confidence  from  its  immediate  Representatives  must  be  among 
my  best  rewards,  as  the  support  of  your  enlightened  patriotism  has  been 
among  my  greatest  encouragements.  Being  persuaded  that  you  will 
continue  to  be  actuated  by  the  same  auspicious  principle,  I  look  forward 
to  the  happiest  consequences  from  your  deliberations  during  the  present 

session. 

GO  WASHINGTON. 

December  13,  1790. 


SPECIAL  MESSAGES. 

United  States,  December  2j,  1790. 
Gentlemen  of  the  Senate  and  House  of  Representatives: 

It  appearing  by  the  report  of  the  secretary  of  the  government  north- 
west of  the  Ohio  that  there  are  certain  cases  respecting  grants  of  land 
within  that  territory  which  require  the  interference  of  the  Legislature  of 


88  Messages  and  Papers  of  the  Presidents 

the  United  States,  I  have  directed  a  copy  of  said  report  and  the  papers 
therein  referred  to  to  be  laid  before  you,  together  with  a  copy  of  the 
report  of  the  Secretary  of  State  upon  the  same  subject. 

G9  WASHINGTON. 


United  States,  December  jo,  lygo. 
Gentlemen  of  the  Senate  and  House  of  Representatives: 

I  lay  before  you  a  report  of  the  Secretary  of  State  on  the  subject  of 
the  citizens  of  the  United  States  in  captivity  at  Algiers,  that  you  may 
provide  on  their  behalf  what  to  you  shall  seem  most  expedient. 

GO  WASHINGTON. 


United  States,  fanuary  j,  17 91. 
Gentlemen  of  the  Senate  and  House  of  Representatives: 

I  lay  before  you  a  copy  of  an  exemplified  copy  of  an  act  passed  by  the 
legislature  of  the  State  of  New  Jersey  for  vesting  in  the  United  States 
of  America  the  jurisdiction  of  a  lot  of  land  at  Sandy  Hook,  in  the  county 
of  Monmouth,  and  a  copy  of  a  letter  which  accompanied  said  act,  from 
the  governor  of  the  State  of  New  Jersey  to  the  President  of  the  United 

States 

GO  WASHINGTON. 


United  States,  fanuary  //,  1791. 
Ge7itlemen  of  the  Senate  ayid  House  of  Represe?itatives : 

I  lay  before  you  an  official  statement  of  the  appropriation  of  $10,000, 
granted  to  defray  the  contingent  expenses  of  Government  by  an  act  of 
the  26th  March,  1790. 

A  copy  of  two  resolutions  of  the  legislature  of  Virginia,  and  a  petition 
of  sundry  officers  and  assignees  of  officers  and  soldiers  of  the  Virginia 
line  on  continental  establishment,  on  the  subject  of  bounty  lands  allotted 
to  them  on  the  northwest  side  of  the  Ohio;  and 

A  copy  of  an  act  of  the  legislature  of  Maryland  to  empower  the 
wardens  of  the  port  of  Baltimore  to  levy  and  collect  the  duty  therein 
mentioned. 

GO  WASHINGTON. 


United  States,  fanuary  77,  1791. 
Gentlemen  of  the  Senate: 

I  lay  before  you  a  letter  from  His  Most  Christian  Majesty,  addressed 
to  the  President  and  Members  of  Congress  of  the  United  States  of 
America. 

GO  WASHINGTON. 


George  Washington  89 

To  our  very  dear  friends  and  allies,  the  President  and  Members  of  the  General  Con- 
gress of  the  United  States  of  North  America. 
Very  Dear  Great  Friends  and  Ai^lies  :  We  have  received  the  letter  by  which 
you  inform  us  of  the  new  mark  of  confidence  that  you  have  shown  to  Mr.  Jefferson, 
and  which  puts  a  period  to  his  appointment  of  minister  plenipotentiary  at  our 
Court. 

The  manner  in  which  he  conducted  during  his  residence  with  us  has  merited  our 
esteem  and  entire  approbation,  and  it  is  with  pleasure  that  we  now  give  him  this 
testimony  of  it. 

It  is  with  the  most  sincere  pleasure  that  we  embrace  this  opportunity  of  renewing 
these  assurances  of  regard  and  friendship  which  we  feel  for  the  United  States  in 
general  and  for  each  of  them  in  particular.  Under  their  influence  we  pray  God  that 
He  will  keep  you,  very  dear  friends  and  allies,  under  His  holy  and  beneficent 
protection. 

Done  at  Paris  this  nth  September,  1790. 

Your  good  friend  and  ally, 

LOUIS. 
MONTMORIN.     [SEAi..] 

The  United  States  of  North  America. 


United  States,  January  ip,  lygi. 
Gentlemen  of  the  Senate: 

I  lay  before  you  a  representation  of  the  charge  d'affaires  of  France, 
made  by  order  of  his  Court,  on  the  acts  of  Congress  of  the  20th  of  July, 
1789  and  1790,  imposing  an  extra  tonnage  on  foreign  vessels,  not  except- 
ing those  of  that  country,  together  with  the  report  of  the  Secretary  of 
State  thereon,  and  I  recommend  the  same  to  your  consideration,  that  I 
may  be  enabled  to  give  to  it  such  answer  as  may  best  comport  with  the 

justice  and  the  interests  of  the  United  States. 

G9  WASHINGTON. 

documents. 

January  18,  1791. 

The  Secretary  of  State  having  received  from  the  charg^  d'affaires  of  France  a 
note  on  the  tonnage  payable  by  French  vessels  in  the  ports  of  the  United  States,  has 
had  the  same  under  his  consideration,  and  thereupon  makes  the  following  report  to 
the  President  of  the  United  States : 

The  charge  d'affaires  of  France,  by  a  note  of  the  13th  of  December,  represents, 
by  order  of  his  Court,  that  they  consider  so  much  of  the  acts  of  Congress  of  July 
20,  1789  and  1790,  as  imposes  an  extraordinary  tonnage  on  foreign  vessels  without 
excepting  those  of  France,  to  be  in  contravention  of  the  fifth  article  of  the  treaty  of 
amity  and  commerce  between  the  two  nations ;  that  this  would  have  authorized  on 
their  part  a  proportional  modification  in  the  favors  granted  to  the  American  naviga- 
tion, but  that  his  Sovereign  had  thought  it  more  conformable  to  his  principles  of 
friendship  and  attachment  to  the  United  States  to  order  him  to  make  representations 
thereon,  and  to  ask  in  favor  of  French  vessels  a  modification  of  the  acts  which 
impose  an  extraordinary  tonnage  on  foreign  vessels. 

The  Secretary  of  State,  in  giving  in  this  paper  to  the  President  of  the  United 
States,  thinks  it  his  duty  to  accompany  it  with  the  following  observations : 

The  third  and  fourth  articles  of  the  treaty  of  amity  and  commerce  between  France 
and  the  United  States  subject  the  vessels  of  each  nation  to  pay  in  the  ports  of 
the  other  only  such  duties  as  are  paid  by  the  most  favored  nation,  and  give  them 


90  Messages  and  Papers  of  the  Presidents 

reciprocally  all  the  privileges  and  exemptions  in  navigation  and  commerce  which 
are  given  by  either  to  the  most  favored  nations.  Had  the  contracting  parties 
stopped  here,  they  would  have  been  free  to  raise  or  lower  their  tonnage  as  they 
should  find  it  expedient,  only  taking  care  to  keep  the  other  on  the  footing  of  the 
most  favored  nation.  The  question,  then,  is  whether  the  fifth  article  cited  in  the  note 
is  anything  more  than  an  application  of  the  principle  comprised  in  the  third  and 
fourth  to  a  particular  object,  or  whether  it  is  an  additional  stipulation  of  something 
not  so  comprised. 

I.  That  it  is  merely  an  application  of  a  principle  comprised  in  the  preceding 
articles  is  declared  by  the  express  words  of  the  article,  to  wit:  ''■Dans  V exemption 
ci-dessus  est  nommetnent  compris,"  etc.,  "z'w  the  above  exemption  is  particularly 
comprised,  the  imposition  of  loo  sols  per  ton  established  in  France  on  foreign  vessels. ' ' 
Here,  then,  is  at  once  an  express  declaration  that  the  exemption  from  the  duty  of 
loo  sols  is  comprised  in  the  third  and  fourth  articles;  that  is  to  say,  it  was  one 
of  the  exemptions  enjoyed  by  the  most  favored  nations,  and  as  such  extended  to  us 
by  those  articles.  If  the  exemption  spoken  of  in  this  first  member  of  the  fifth 
article  was  comprised  in  the  third  and  fourth  articles,  as  is  expressly  declared,  then 
the  reservation  by  France  out  of  that  exemption  ( which  makes  the  second  member 
of  the  same  article)  was  also  comprised ;  that  is  to  say,  if  the  whole  was  comprised, 
the  part  was  comprised.  And  if  this  reservation  of  France  in  the  second  member 
was  comprised  in  the  third  and  fourth  articles,  then  the  counter  reservation  by  the 
United  States  (which  constitutes  the  third  and  last  member  of  the  same  article)  was 
also  comprised,  because  it  is  but  a  corresponding  portion  of  a  similar  whole  on  our 
part,  which  had  been  comprised  by  the  same  terms  with  theirs. 

In  short,  the  whole  article  relates  to  a  particular  duty  of  loo  sols,  laid  by  some 
antecedent  law  of  France  on  the  vessels  of  foreign  nations,  relinquished  as  to  the  most 
favored,  and  consequently  to  us.  It  is  not  a  new  and  additional  stipulation,  then, 
but  a  declared  application  of  the  stipulations  comprised  in  the  preceding  articles  to 
a  particular  case  by  way  of  greater  caution. 

The  doctrine  laid  down  generally  in  the  third  and  fourth  articles,  and  exemplified 
specially  in  the  fifth,  amounts  to  this:  "The  vessels  of  the  most  favored  nations 
coming  from  foreign  ports  are  exempted  from  the  duty  of  loo  sols;  therefore  you 
are  exempted  from  it  by  the  third  and  fomlh  articles.  The  vessels  of  the  most 
favored  nations  coming  coastwise  pay  that  duty;  therefore  you  are  to  pay  it  by  the 
third  and  fourth  articles.  We  shall  not  think  it  unfriendly  in  you  to  lay  a  like  duty 
on  coasters,  because  it  will  be  no  more  than  we  have  done  ourselves.  You  are  free 
also  to  lay  that  or  any  other  duty  on  vessels  coming  from  foreign  ports,  provided 
they  apply  to  all  other  nations,  even  the  most  favored.  We  are  free  to  do  the  same 
under  the  same  restriction.  Our  exempting  you  from  a  duty  which  the  most  favored 
nations  do  not  pay  does  not  exempt  you  from  one  which  they  do  pay. ' ' 

In  this  view,  it  is  evident  that  the  fifth  article  neither  enlarges  nor  abridges  the 
stipulations  of  the  third  and  fourth.  The  effect  of  the  treaty  would  have  been 
precisely  the  same  had  it  been  omitted  altogether ;  consequently  it  may  be  truly 
said  that  the  reservation  by  the  United  States  in  this  article  is  completely  useless. 
And  it  may  be  added  with  equal  truth  that  the  equivalent  reservation  by  FYance 
is  completely  useless,  as  well  as  her  previous  abandonment  of  the  same  duty,  and,  in 
short,  the  whole  article.  Each  party,  then,  remains  free  to  raise  or  lower  its  tonnage, 
provided  the  change  operates  on  all  nations,  even  the  most  favored. 

Without  undertaking  to  affirm,  we  may  obviously  conjecture  that  this  article  has 
been  inserted  on  the  part  of  the  United  States  from  an  overcaution  to  guard,  nom- 
inement,  by  name,  against  a  particular  aggrievance,  which  they  thought  they  could 
never  be  too  well  secured  against ;  and  that  has  happened  which  generally  hap- 
pens— doubts  have  been  produced  by  the  too  great  number  of  words  used  to  prevent 
doubt. 


George  Washington  91 

II.  The  Court  of  France,  however,  understands  this  article  as  intended  to  intro- 
duce something  to  which  the  preceding  articles  had  not  reached,  and  not  merely  as 
an  application  of  them  to  a  particular  case.  Their  opinion  seems  to  be  founded  on 
the  general  rule  in  the  construction  of  instruments,  to  leave  no  words  merely  useless 
for  which  any  rational  meaning  can  be  found.  They  say  that  the  reservation  by  the 
United  States  of  a  right  to  lay  a  duty  equivalent  to  that  of  the  100  sols,  reserved  by 
France,  would  have  been  completely  useless  if  they  were  left  free  by  the  preceding 
articles  to  lay  a  tonnage  to  any  extent  whatever ;  consequently,  that  the  reservation 
of  a  part  proves  a  relinquishment  of  the  residue. 

If  some  meaning,  and  such  a  one,  is  to  be  given  to  the  last  member  of  the  article, 
some  meaning,  and  a  similar  one,  must  be  given  to  the  corresponding  member.  If 
the  reservation  by  the  United  States  of  a  right  to  lay  an  equivalent  duty  implies  a 
relinquishment  of  their  right  to  lay  any  other,  the  reservation  by  France  of  a  right  to 
continue  the  specified  duty  to  which  it  is  an  equivalent  must  imply  a  relinquishment 
of  the  right  on  her  part  to  lay  or  continue  any  other.  Equivalent  reservations  by 
both  must  imply  equivalent  restrictions  on  both.  The  exact  reciprocity  stipulated 
in  the  preceding  articles,  and  which  pervades  every  part  of  the  treaty,  insures  a 
counter  right  to  each  party  for  every  right  ceded  to  the  other. 

Let  it  be  further  considered  that  the  duty  called  tonnage  in  the  United  States  is 
in  lieu  of  the  duties  for  anchorage,  for  the  support  of  buoys,  beacons,  and  light-houses, 
to  guide  the  mariner  into  harbor  and  along  the  coast,  which  are  provided  and 
supported  at  the  expense  of  the  United  States,  and  for  fees  to  measurers,  weighers, 
gaugers,  etc.,  who  are  paid  by  the  United  States,  for  which  articles,  among  many 
others  (light-house  money  excepted),  duties  are  paid  by  us  in  the  ports  of  France 
under  their  specific  names.  That  Government  has  hitherto  thought  these  duties 
consistent  with  the  treaty,  and  consequently  the  same  duties  under  a  general  instead 
of  specific  names,  with  us,  must  be  equally  consistent  with  it.  It  is  not  the  name, 
but  the  thing,  which  is  essential.  If  we  have  renounced  the  right  to  lay  any  port 
duties,  they  must  be  understood  to  have  equally  renounced  that  of  either  laying  new 
or  continuing  the  old.  If  we  ought  to  refund  the  port  duties  received  from  their 
vessels  since  the  date  of  the  act  of  Congress,  they  should  refund  the  port  duties  they 
have  received  from  our  vessels  since  the  date  of  the  treaty,  for  nothing  short  of  this 
is  the  reciprocity  of  the  treaty. 

If  this  construction  be  adopted,  then  each  party  has  forever  renounced  the  right 
of  laying  any  duties  on  the  vessels  of  the  other  coming  from  any  foreign  port,  or 
naore  than  100  sols  on  those  coming  coastwise.  Could  this  relinquishment  be  confined 
to  the  two  contracting  parties  alone,  the  United  States  would  be  the  gainers,  for  it 
is  well  known  that  a  much  greater  number  of  American  than  of  French  vessels  are 
employed  in  the  commerce  between  the  two  countries;  but  the  exemption  once 
conceded  by  the  one  nation  to  the  other  becomes  immediately  the  property  of  all 
others  who  are  on  the  footing  of  the  most  favored  nations.  It  is  true  that  those 
others  would  be  obliged  to  yield  the  same  compensation,  that  is  to  say,  to  receive 
our  vessels  duty  free.  Whether  we  should  gain  or  lose  in  the  exchange  of  the 
measiu-e  with  them  is  not  easy  to  say. 

Another  consequence  of  this  construction  will  be  that  the  vessels  of  the  most 
favored  nations  paying  no  duties  will  be  on  a  better  footing  than  those  of  natives 
which  pay  a  moderate  duty;  consequently  either  the  duty  on  these  also  must  be  given 
up  or  they  will  be  supplanted  by  foreign  vessels  in  our  own  ports. 

The  resource,  then,  of  duty  on  vessels  for  the  purposes  either  of  revenue  or  regula- 
tion will  be  forever  lost  to  both.  It  is  hardly  conceivable  that  either  party  looking 
forward  to  all  these  consequences  would  see  their  interest  in  them. 

III.  But  if  France  persists  in  claiming  this  exemption,  what  is  to  be  done?  The 
claim,  indeed,  is  couched  in  mild  and  friendly  terms;  but  the  idea  leaks  out  that  a 
refusal  would  authorize  them  to  modify  proportionally  the  favors  granted  by  the 


92  Messages  and  Papers  of  the  Presidents 

same  article  to  our  navigation.  Perhaps  they  may  do  what  we  should  feel  much 
more  severely,  they  may  turn  tlieir  eyes  to  the  favors  granted  us  by  their  arrets  of 
December  29, 1 787,  and  December  7,  1 788,  which  hang  on  their  will  alone,  unconnected 
with  the  treaty.  Those  arrets,  among  other  advantages,  admit  our  whale  oils  to  the 
exclusion  of  that  of  all  otlier  foreigners.  And  this  monopoly  procures  a  vent  for 
seven-twelfths  of  the  produce  of  that  fishery,  which  experience  has  taught  us  could 
find  no  other  market.  Near  two-thirds  of  the  produce  of  our  cod  fisheries,  too,  have 
lately  found  a  free  vent  in  the  colonies  of  France.  This,  indeed,  has  been  an  irreg- 
ularit}-  growing  out  of  the  anarchy  reigning  in  those  colonies.  Yet  the  demands  of 
the  colonists,  even  of  the  Government  party  among  them  ( if  an  auxiliary  dis- 
position can  be  excited  by  some  marks  of  friendship  and  distinction  on  our  part),  may 
perhaps  produce  a  constitutional  concession  to  them  to  procure  their  provisions  at 
the  cheapest  market ;  that  is  to  say,  at  oiirs. 

Considering  the  value  of  the  interests  we  have  at  stake  and  considering  the  small- 
ness  of  difference  between  foreign  and  native  tonnage  on  French  vessels  alone,  it 
might  perhaps  be  thought  advisable  to  make  the  sacrifice  asked,  and  especially 
if  it  can  be  so  done  as  to  give  no  title  to  other  the  most  favored  nations  to  claim  it. 
If  the  act  should  put  French  vessels  on  the  footing  of  those  of  natives,  and  declare 
it  to  be  in  consideration  of  the  favors  granted  us  by  the  arrets  of  December  29, 
1787,  and  December  7,  1788  (and  perhaps  this  would  satisfy  them),  no  nation  could 
then  demand  the  same  favor  without  offering  an  equivalent  compensation.  It  might 
strengthen,  too,  the  tenvu-e  by  which  those  arrets  are  held,  which  must  be  precarious 
so  long  as  they  are  gratuitous. 

It  is  desirable  in  many  instances  to  exchange  mutual  advantages  by  legislative  acts 
rather  than  by  treaty,  because  the  former,  though  understood  to  be  in  consideration 
of  each  other,  and  therefore  greatly  respected,  yet  when  they  become  too  incon- 
venient can  be  dropped  at  the  will  of  either  party;  whereas  stipulations  by  treaty 
are  forever  irrevocable  but  by  joint  consent,  let  a  change  of  circumstances  render 
them  ever  so  bvu-densome. 

On  the  whole,  if  it  be  the  opinion  that  the  first  construction  is  to  be  insisted  on  as 
ours,  in  opposition  to  the  second  urged  by  the  Coiul  of  France,  and  that  no  relaxation 
is  to  be  admitted,  an  answer  shall  be  given  to  that  Court  defending  that  construction, 
and  explaining  in  as  friendly  terms  as  possible  the  difficulties  opposed  to  the  exemp- 
tion they  claim. 

2.  If  it  be  the  opinion  that  it  is  advantageous  for  us  to  close  with  France  in  her 
interpretation  of  a  reciprocal  and  perpetual  exemption  from  tonnage,  a  repeal  of  so 
much  of  the  tonnage  law  will  be  the  answer. 

3.  If  it  be  thought  better  to  waive  rigorous  and  nice  discussions  of  right  and  to 
make  the  modification  an  act  of  friendship  and  of  compensation  for  favors  received, 
the  passage  of  such  a  bill  will  then  be  the  answer. 

TH:  JEFFERSON. 

[Translation.] 

L.  G.  Otto  to  the  Secretary  of  State. 

Philadelphia,  December  13, 1790. 
Sir:  During  the  long  stay  you  made  in  France  you  had  opportunities  of  being 
satisfied  of  the  favorable  dispositions  of  His  Majesty  to  render  permanent  the  ties 
that  united  the  two  nations  and  to  give  stability  to  the  treaties  of  alliance  and  of 
commerce  which  form  the  basis  of  this  union.  These  treaties  were  so  well  main- 
tained by  the  Congre.ss  formed  under  the  ancient  Confederation  that  they  thought  it 
their  duty  to  interpose  their  authority  whenever  any  laws  made  by  individual  States 
appeared  to  infringe  their  stipulations,  and  particularly  in  1785,  when  the  States  of 
New  Hampshire  and  of  Massachusetts  had  imposed  an  extraordinary  tonnage  on 


George  Washington  93 

foreign  vessels  without  exempting  those  of  the  French  nation.     The  reflections  that 
I  have  the  honor  to  address  to  yon  in  the  subjoined  note  being  founded  on  the  same 
principles,  I  flatter  myself  that  they  will  merit  on  the  part  of  the  Government  of  the 
United  States  the  most  serious  attention. 
I  am,  with  respect,  etc., 

L.  G.  OTTO. 

[Translation.] 
L.  G.  Otto  to  the  Secretary  of  State. 

Phii,adei,phia,  December  ij,  J790. 

Note. — The  underwritten,  charg^  d'affaires  of  France,  has  received  the  express 
order  of  his  Court  to  represent  to  the  United  States  that  the  act  passed  by  Congress 
the  2oth  July,  1789,  and  renewed  the  20th  July  of  the  present  year,  which  imposes 
an  extraordinary  tonnage  on  foreign  vessels  without  excepting  French  vessels,  is 
directly  contrary  to  the  spirit  and  to  the  object  of  the  treaty  of  commerce  which 
unites  the  two  nations,  and  of  which  His  Majesty  has  not  only  scrupulously  observed 
the  tenor,  but  of  which  he  has  extended  the  advantages  by  many  regulations  very 
favorable  to  the  commerce  and  navigation  of  the  United  States. 

By  the  fifth  article  of  this  treaty  the  citizens  of  these  States  are  declared  exempt 
from  the  tonnage  duty  imposed  in  France  on  foreign  vessels,  and  they  are  not  subject 
to  that  duty  but  in  the  coasting  business.  Congress  has  reserved  the  privilege  of 
establishing  a  duty  equivalent  to  this  last,  a  stipulation  founded  on  the  state  in  which 
matters  were  in  America  at  the  time  of  the  signature  of  the  treaty.  There  did  not 
exist  at  that  epoch  any  duty  on  tonnage  in  the  United  States. 

It  is  evident  that  it  was  the  nonexistence  of  this  duty  and  the  motive  of  a  perfect 
reciprocity  stipulated  in  the  preamble  of  the  treaty  that  had  determined  the  King  to 
grant  the  exemption  contained  in  the  article  fifth;  and  a  proof  that  Congress  had  no 
intention  to  contravene  this  reciprocity  is  that  //  o?ily  reserves  a  privilege  of  estab- 
lishing on  the  coasting  business  a  duty  equivalent  to  that  which  is  levied  in  France. 
This  reservation  would  have  been  completely  useless  if  by  the  words  of  the  treaty 
Congress  thought  themselves  at  liberty  to  lay  any  tonnage  they  should  think  proper 
on  French  vessels. 

The  undersigned  has  the  honor  to  observe  that  this  contravention  of  the  fifth 
article  of  the  treaty  of  commerce  might  have  authorized  His  Majesty  to  modify 
proportionately  the  favors  granted  by  the  same  article  to  the  American  navigation  ; 
but  the  King,  always  faithful  to  the  principles  of  friendship  and  attachment  to  the 
United  States,  and  desirous  of  strengthening  more  and  more  the  ties  which  subsist 
so  happily  between  the  French  nation  and  these  States,  thinks  it  more  conformable 
to  these  views  to  order  the  undersigned  to  make  representations  on  this  subject,  and 
to  ask  in  favor  of  French  vessels  a  modification  of  the  act  which  imposes  an  extra- 
ordinary tonnage  on  foreign  vessels.  His  Majesty  does  not  doubt  but  that  tlie 
United  States  will  acknowledge  the  justice  of  this  claim,  and  will  be  disposed  to 
restore  things  to  the  footing  on  which  they  were  at  the  signatvure  of  the  treaty  of 
the  6th  February,  1778. 

L.  G.  OTTO. 

[Translation.] 

L.  G.  Otto  to  the  Secretary  of  State. 

New  York,  January  8,  1791. 
His  Excellency  M.  JEFFERSON, 

Secretary  of  State. 
Sir  :  I  have  the  honor  herewith  to  send  you  a  letter  from  the  King  to  Congress, 
and  one  which  M.  de  Montmorin  has  written  to  yourself.     You  will  find  therein  the 


94  Messages  and  Papers  of  the  Presidents 

sincere  sentiments  with  which  you  have  inspired  our  Government,  and  the  regret  of 
the  minister  in  not  having  a  more  near  relation  of  correspondence  with  you.  In 
these  every  person  who  has  had  the  advantage  of  knowing  you  in  France  participates. 

At  the  same  time,  it  gives  me  pain,  sir,  to  be  obliged  to  announce  to  you  that  the 
complaints  of  our  merchants  on  the  subject  of  the  tonnage  duty  increase,  and  tliat 
they  have  excited  not  only  the  attention  of  the  King  but  that  of  several  depart- 
ments of  the  Kingdom.  I  have  received  new  orders  to  request  of  the  United  States 
a  decision  on  this  matter  and  to  solicit  in  favor  of  the  aggrieved  merchants  the 
restitution  of  the  duties  which  have  already  been  paid.  I  earnestly  beg  of  you,  sir, 
not  to  lose  sight  of  an  object  which,  as  I  have  already  had  the  honor  to  tell  you 
verbally,  is  of  the  greatest  importance  for  cementing  the  future  commercial  con- 
nections between  the  two  nations. 

In  more  particularly  examining  this  question  you  will  perhaps  find  that  motives 
of  convenience  are  as  powerful  as  those  of  justice  to  engage  the  United  States  to 
give  to  His  Majesty  the  satisfaction  which  he  requires.  At  least  twice  as  many 
American  vessels  enter  the  ports  of  France  as  do  those  of  France  the  ports  of 
America.  The  exemption  of  the  tonnage  of  duty,  then,  is  evidently  less  advanta- 
geous for  the  French  than  for  the  navigators  of  the  United  States.  Be  this  as  it  may, 
I  can  assure  you,  sir,  that  the  delay  of  a  decision  in  this  respect  by  augmenting  the 
just  complaints  of  the  French  merchants  will  only  augment  the  difficidties. 

I  therefore  beg  of  you  to  enable  me  before  the  sailing  of  the  packet,  which  will 
take  place  toward  the  last  of  this  month,  to  give  to  my  Court  a  satisfactory  answer. 
1  have  the  honor  to  be,  etc., 

L.  G.  OTTO. 


United  States,  January  24.,  1791. 
Gentlemen  of  the  Senate  and  House  of  Representatives: 

I  lay  before  you  a  statement  relative  to  the  frontiers  of  the  United 
States,  which  has  been  submitted  to  me  by  the  Secretary  for  the  Depart- 
ment of  War. 

I  rely  upon  your  wisdom  to  make  such  arrangements  as  may  be  essen- 
tial for  the  preservation  of  good  order  and  the  effectual  protection  of  the 
frontiers. 

GO  WASHINGTON. 


United  States,  January  24.,  1791- 
Gentlemen  of  the  Senate  and  House  of  Representatives: 

In  execution  of  the  powers  with  which  Congress  were  pleased  to  invest 
me  by  their  act  entitled  "An  act  for  establishing  the  temporary  and 
permanent  seat  of  Government  of  the  United  States, ' '  and  on  mature 
consideration  of  the  advantages  and  disadvantages  of  the  several  posi- 
tions within  the  limits  prescribed  by  the  said  act,  I  have  by  a  proclama- 
tion bearing  date  this  day  (a  copy  of  which  is  herewith  transmitted) 
directed  commissioners,  appointed  in  pursuance  of  the  act,  to  survey  and 
limit  a  part  of  the  territory  of  10  miles  square  on  both  sides  of  the  river 
Potomac,  so  as  to  comprehend  Georgetown,  in  Maryland,  and  extend  to 
the  Eastern  Branch. 


George  Washington  95 

I  have  not  by  this  first  act  given  to  the  said  territory  the  whole 
extent  of  which  it  is  susceptible  in  the  direction  of  the  river,  because  I 
thought  it  important  that  Congress  should  have  an  opportunity  of  con- 
sidering whether  by  an  amendatory  law  they  would  authorize  the  location 
of  the  residue  at  the  lower  end  of  the  present,  so  as  to  comprehend  the 
Eastern  Branch  itself  and  some  of  the  country  on  its  lower  side,  in 
the  State  of  Maryland,  and  the  town  of  Alexandria,  in  Virginia.  If, 
however,  they  are  of  opinion  that  the  Federal  territory  should  be  bounded 
by  the  water  edge  of  the  Eastern  Branch,  the  location  of  the  residue  will 
be  to  be  made  at  the  upper  end  of  what  is  now  directed. 

I  have  thought  best  to  await  a  survey  of  the  territory  before  it  is  decided 
on  what  particular  spot  on  the  northeastern  side  of  the  river  the  public 
buildings  shall  be  erected. 

GO  WASHINGTON. 


United  ^th.'t^^,  January  26,  17 91. 
Gentlemen  of  the  Senate  and  House  of  Representatives: 

I  lay  before  you  the  copy  of  a  letter  from  the  President  of  the  National 
Assembly  of  France  to  the  President  of  the  United  States,  and  of  a  decree 
of  that  Assembly,  which  was  transmitted  with  the  above-mentioned 
letter. 

GO  WASHINGTON. 


United  States,  January  27,  1791. 
Gentlemen  of  the  Senate  and  House  of  Representatives: 

In  order  that  you  may  be  fully  informed  of  the  situation  of  the  fron- 
tiers and  the  prospect  of  hostility  in  that  quarter,  I  lay  before  you  the 
intelligence  of  some  recent  depredations,  received  since  my  message  to 
you  upon  this  subject  of  the  24th  instant. 

GO  WASHINGTON. 


United  States,  February  p,  17 91. 
Gentlemen  of  the  Se?iate  and  House  of  Representatives: 

I  have  received  from  the  governor  of  Vermont  authentic  documents, 
expressing  the  consent  of  the  legislatures  of  New  York  and  of  the  Terri- 
tory of  Vermont  that  the  said  Territory  shall  be  admitted  to  be  a  distinct 
member  of  our  Union;  and  a  memorial  of  Nathaniel  Chipman  and  L,ewis 
R.  Morris,  commissioners  from  the  said  Territory,  praying  the  consent 
of  Congress  to  that  admission,  by  the  name  and  style  of  the  State  of 
Vermont,  copies  of  which  I  now  lay  before  Congress,  with  whom  the 
Constitution  has  vested  the  object  of  these  proceedings. 

GO  WASHINGTON. 


96  Messages  and  Papers  of  the  Presidents 

United  States,  February  14,  1791. 
Gentlemen  of  the  Senate  and  House  of  Representatives: 

Soon  after  I  was  called  to  the  administration  of  the  Government  I 
found  it  important  to  come  to  an  understanding  with  the  Court  of  London 
on  several  points  interesting  to  the  United  States,  and  particularly  to 
know  whether  they  were  disposed  to  enter  into  arrangements  by  mutual 
consent  which  might  fix  the  commerce  between  the  two  nations  on  prin- 
ciples of  reciprocal  advantage.  For  this  purpose  I  authorized  informal 
conferences  with  their  ministers,  and  from  these  I  do  not  infer  any  dispo- 
sition on  their  part  to  enter  into  any  arrangements  merely  commercial. 
I  have  thought  it  proper  to  give  you  this  information,  as  it  might  at 
some  time  have  influence  on  matters  under  your  consideration. 

GO  WASHINGTON.    ■ 


United  States,  February  14,  1791. 
Gentlemen  of  the  Senate: 

Conceiving  that  in  the  possible  event  of  a  refusal  of  justice  on  the  part 
of  Great  Britain  we  should  stand  less  committed  should  it  be  made  to 
a  private  rather  than  to  a  public  person,  I  employed  Mr.  Gouvemeur 
Morris,  who  was  on  the  spot,  and  without  giving  him  any  definite  char- 
acter, to  enter  informally  into  the  conferences  before  mentioned.  For 
your  more  particular  information  I  lay  before  you  the  instructions  I 
gave  him  and  those  parts  of  his  communications  wherein  the  British 
ministers  appear  either  in  conversation  or  by  letter.  These  are  two 
letters  from  the  Duke  of  Leeds  to  Mr.  Morris,  and  three  letters  of  Mr. 
Morris  giv-ing  an  account  of  two  conferences  with  the  Duke  of  Leeds 
and  one  with  him  and  Mr.  Pitt.  The  sum  of  these  is  that  they  declare 
without  scruple  they  do  not  mean  to  fulfill  what  remains  of  the  treaty  of 
peace  to  be  fulfilled  on  their  part  (by  which  we  are  to  understand  the 
delivery  of  the  posts  and  payment  for  property  carried  off)  till  perform- 
ance on  our  part,  and  compensation  where  the  delay  has  rendered  the 
performance  now  impracticable;  that  on  the  subject  of  a  treaty  of  com- 
merce they  avoided  direct  answers,  so  as  to  satisfy  Mr.  Morris  they  did 
not  mean  to  enter  into  one  unless  it  could  be  extended  to  a  treaty  of 
alliance  offensive  and  defensive,  or  unless  in  the  event  of  a  rupture  with 
Spain. 

As  to  the  sending  a  minister  here,  they  made  excuses  at  the  first  con- 
ference, seemed  disposed  to  it  in  the  second,  and  in  the  last  express  an 
intention  of  .so  doing. 

Their  \news  being  thus  sufficiently  ascertained,  I  have  directed  Mr. 
Morris  to  discontinue  his  communications  with  them. 

G9  WASHINGTON. 


George  Washington  97 

United  States,  February  18,  17 pi. 
Gentlemen  of  the  Senate: 

The  aspect  of  affairs  in  Europe  during  the  last  summer,  and  especially 
between  Spain  and  England,  gave  reason  to  expect  a  favorable  occasion 
for  pressing  to  accommodation  the  unsettled  matters  between  them  and 
us.  Mr.  Carmichael,  our  charge  d'affaires  at  Madrid,  having  been  long 
absent  from  his  country,  great  changes  having  taken  place  in  our  circum- 
stances and  sentiments  during  that  interval,  it  was  thought  expedient 
to  send  some  person,  in  a  private  character,  fully  acquainted  with  the 
present  state  of  things  here,  to  be  the  bearer  of  written  and  confidential 
instructions  to  him,  and  at  the  same  time  to  possess  him  in  full  and 
frequent  conversations  of  all  those  details  of  facts  and  topics  of  argument 
which  could  not  be  conveyed  in  writing,  but  which  would  be  necessary 
to  enable  him  to  meet  the  reasonings  of  that  Court  with  advantage. 
Colonel  David  Humphreys  was  therefore  sent  for  these  purposes. 

An  additional  motive  for  this  confidential  mission  arose  in  the  same 
quarter.  The  Court  of  Lisbon  had  on  several  occasions  made  the  most 
amicable  advances  for  cultivating  friendship  and  intercourse  with  the 
United  States.  The  exchange  of  a  diplomatic  character  had  been  inform- 
ally, but  repeatedly,  suggested  on  their  part.  It  was  our  interest  to  meet 
this  nation  in  its  friendly  dispositions  and  to  concur  in  the  exchange 
proposed.  But  my  wish  was  at  the  same  time  that  the  character  to  be 
exchanged  should  be  of  the  lowest  and  most  economical  grade.  To  this 
it  was  known  that  certain  rules  of  long  standing  at  that  Court  would  prO' 
duce  obstacles.  Colonel  Humphreys  was  charged  with  dispatches  to  the 
prime  minister  of  Portugal  and  with  instructions  to  endeavor  to  arrange 
this  to  our  views.  It  happened,  however,  that  previous  to  his  arrival  at 
Lisbon  the  Queen  had  appointed  a  minister"  resident  to  the  United  States. 
This  embarrassment  seems  to  have  rendered  the  difficulty  completely 
insurmountable.  The  minister  of  that  Court  in  his  conferences  with 
Colonel  Humphre3^s,  professing  ever>"  wish  to  accommodate,  yet  expresses 
his  regrets  that  circumstances  do  not  permit  them  to  concur  in  the  grade 
of  charge  d'affaires,  a  grade  of  httle  privilege  or  respectability  by  the 
rules  of  their  Court  and  held  in  so  low  estimation  with  them  that  no 
proper  character  would  accept  it  to  go  abroad.  In  a  letter  to  the  Sec- 
retary of  State  he  expresses  the  same  sentiments,  and  announces  the 
appointment  on  their  part  of  a  minister  resident  to  the  United  States, 
and  the  pleasure  with  which  the  Queen  will  receive  one  from  us  at  her 
Court.  A  copy  of  his  letter,  and  also  of  Colonel  Humphreys's  giving  the 
details  of  this  transaction,  will  be  delivered  to  j'ou. 

On  consideration  of  all  circumstances  I  have  determined  to  accede  to  the 

desire  of  the  Court  of  Lisbon  in  the  article  of  grade.      I  am  aware  that 

the  consequences  will  not  end  here,  and  that  this  is  not  the  onh'  instance 

in  which  a  like  change  may  be  pressed.     But  should  it  be  necessary 

M  P — VOL  I — 7 


98  Messages  and  Papers  of  the  Presidents 

to  yield  elsewhere  also,  I  shall  think  it  a  less  e\'il  than  to  disgust  a 
goveniment  so  friendly  and  so  interesting  to  us  as  that  of  Portugal. 

I  do  not  mean  that  the  change  of  grade  shall  render  the  mission  more 
expensive. 

I  have  therefore  nominated  David  Humphreys  minister  resident  from 
the  United  States  to  Her  Most  Faithful  Majesty  the  Queen  of  Portugal. 

GO  WASHINGTON. 

United  States,  Febrtiary  22,  1791. 
Gentlemen  of  the  Senate: 

I  will  proceed  to  take  measures  for  the  ransom  of  our  citizens  in 
captivity  at  Algiers,  in  conformity  with  your  resolution  of  advice  of  the 
ist  instant,  so  soon  as  the  moneys  necessary  shall  be  appropriated  by 
the  Legislature  and  shall  be  in  readiness. 

The  recognition  of  our  treaty  with  the  new  Emperor  of  Morocco 
requires  also  previous  appropriation  and  provision.  The  importance  of 
this  last  to  the  liberty  and  property  of  our  citizens  induces  me  to  urge  it 
on  your  earliest  attention. 

GO  WASHINGTON. 

United  States,  February  2j,  17 91. 
Gentlemen  of  the  Senate: 

Information  having  been  received  from  Thomas  Auldjo,  who  was 
appointed  vice-consul  of  the  United  States  at  Cowes,  in  Great  Britain, 
that  his  commission  has  not  been  recognized  by  that  Government  because 
it  is  a  port  at  which  no  foreign  consul  has  yet  been  received,  and  that  it 
has  been  intimated  to  him  that  his  appointment  to  the  port  of  Poole  and 
parts  nearer  to  that  than  to  the  residence  of  any  other  consul  of  the  United 
States  would  be  recognized  and  his  residence  at  Cowes  not  noticed,  I 
have  therefore  thought  it  expedient  to  nominate  Thomas  Auldjo  to  be 
vice-consul  for  the  United  States  at  the  port  of  Poole,  in  Great  Britain, 
and  such  parts  within  the  allegiance  of  His  Britannic  Majesty  as  shall 
be  nearer  thereto  than  to  the  residence  of  any  other  consul  or  vice-consul 
of  the  United  States  within  the  same  allegiance. 

I  also  nominate  James  Yard,  of  Pennsylvania,  to  be  consul  for  the 
United  States  in  the  island  of  Santa  Cruz  and  such  other  parts  within 
the  allegiance  of  His  Danish  Majesty  as  shall  be  nearer  thereto  than  to 
the  residence  of  any  other  consul  or  vice-consul  of  the  United  States 
within  the  same  allegiance. 

GO  WASHINGTON. 

United  States,  March  4,  lygi. 
Gentlemen  of  the  Senate : 

The  act  for  the  admission  of  the  State  of  Vermont  into  this  Union 
having  fixed  on  this  as  the  day  of  its  admission,  it  was  thought  that  this 
would  also  be  the  first  day  on  which  any  officer  of  the  Union  might 


George  Washington  99 

legally  perform  any  act  of  authority  relating  to  that  State.  I  therefore 
required  your  attendance  to  receive  nominations  of  the  several  officers 
necCvSsary  to  put  the  Federal  Government  into  motion  in  that  State  • 

For  this  purpose  I  nominate  Nathaniel  Chipman  to  be  judge  of  the  dis- 
trict of  Vermont;  Stephen  Jacobs  to  be  attorney  for  the  United  States  in 
the  district  of  Vermont;  Lewis  R,  Morris  to  be  marshal  of  the  district 
of  Vermont,  and  Stephen  Keyes  to  be  collector  of  the  port  of  AUburgh, 
in  the  State  of  Vermont.  ^o  WASHINGTON. 

United  States,  March  4,  17 91. 
Gentlemen  of  the  Senate: 

Pursuant  to  the  powers  vested  in  me  by  the  act  entitled  ' '  An  act 
repealing  after  the  last  day  of  June  next  the  duties  heretofore  laid  upon 
distilled  spirits  imported  from  abroad  and  laying  others  in  their  stead, 
and  also  upon  spirits  distilled  within  the  United  States,  and  for  appro- 
priating the  same,"  I  have  thought  fit  to  divide  the  United  States  into 
the  following  districts,  namely: 

The  district  of  New  Hampshire,  to  consist  of  the  State  of  New  Hamp- 
shire; the  district  of  Massachusetts,  to  consist  of  the  State  of  Massachu- 
setts; the  district  of  Rhode  Island  and  Providence  Plantations,  to  consist 
of  the  State  of  Rhode  Island  and  Providence  Plantations;  the  district  of 
Connecticut,  to  consist  of  the  State  of  Connecticut;  the  district  of  Ver- 
mont, to  consist  of  the  State  of  Vermont;  the  district  of  New  York,  to 
consist  of  the  State  of  New  York;  the  district  of  New  Jersey,  to  consist 
of  the  State  of  New  Jersey;  the  district  of  Pennsylvania,  to  consist  of 
the  State  of  Pennsylvania;  the  district  of  Delaware,  to  consist  of  the  State 
of  Delaware;  the  district  of  Maryland,  to  consist  of  the  State  of  Maryland; 
the  district  of  Virginia,  to  consist  of  the  State  of  Virginia;  the  district  of 
North  Carolina,  to  consist  of  the  State  of  North  Carolina;  the  district 
of  South  Carolina,  to  consist  of  the  State  of  South  Carolina;  and  the  dis- 
trict of  Georgia,  to  consist  of  the  State  of  Georgia. 

And  I  hereby  nominate  as  supervisors  of  the  said  districts,  respectively, 
the  following  persons,  viz: 

For  the  district  of  New  Hampshire,  Joshua  Wentworth;  for  the  dis- 
trict of  Massachusetts,  Nathaniel  Gorham;  for  the  district  of  Rhode 
Island  and  Providence  Plantations,  John  S.  Dexter;  for  the  district  of 
Connecticut,  John  Chester;  for  the  district  of  Vermont,  Noah  Smith; 
for  the  district  of  New  York,  William  S.  Smith;  for  the  district  of  New 
Jersey,  Aaron  Dunham;  for  the  district  of  Pennsylvania,  George  Clymer; 
for  the  district  of  Delaware,  Henry  Latimer;  for  the  district  of  Maryland, 
George  Gale;  for  the  district  of  Virginia,  Edward  Carrington;  for  the 
district  of  North  Carolina,  William  Polk;  for  the  district  of  South  Caro- 
lina, Daniel  Stevens;  for  the  district  of  Georgia,  John  Mathews. 

G9  WASHINGTON. 

*For  proclamation  convening  Senate  in  extraordinarj'  session  see  p.  587. 


icx)  Messages  and  Papers  of  the  Presidents 

PROCLAMATIONS. 

[From  a  broadside  in  the  archives  of  the  Department  of  State.] 

By  the   President  of  the  United  States  of  America. 

A   PROCLAMATION. 

Whereas  the  general  assembly  of  the  State  of  Maryland,  by  an  act 
passed  on  the  23d  day  of  December,  A.  D.  1788,  mtituled  "An  act  to  cede 
to  Congress  a  district  of  10  miles  square  in  this  State  for  the  seat  of  the 
Government  of  the  United  States, ' '  did  enact  that  the  Representatives  of 
the  said  State  in  the  House  of  Representatives  of  the  Congress  of  the 
United  States,  appointed  to  assemble  at  New  York  on  the  first  Wednes- 
day of  March  then  next  ensuing,  should  be,  and  they  were  thereby, 
authorized  and  required  on  the  behalf  of  the  said  State  to  cede  to  the 
Congress  of  the  United  States  any  district  in  the  said  State  not  exceeding 
ID  miles  square  which  the  Congress  might  fix  upon  and  accept  for  the 
seat  of  Government  of  the  United  States; 

And  the  general  assembly  of  the  Commonwealth  of  Virginia,  by  an 
act  passed  on  the  3d  day  of  December,  1789,  and  intituled  "An  act  for 
the  cession  of  10  miles  square,  or  any  lesser  quantity,  of  territory  within 
this  State  to  the  United  States  in  Congress  assembled,  for  the  permanent 
seat  of  the  General  Government,"  did  enact  that  a  tract  of  country  not 
exceeding  10  miles  square,  or  any  lesser  quantity,  to  be  located  within 
the  limits  of  the  said  State,  and  in  any  part  thereof,  as  Congress  might  by 
law  direct,  should  be,  and  the  same  was  thereby,  forever  ceded  and  relin- 
quished to  the  Congress  and  Government  of  the  United  States,  in  full 
and  absolute  right  and  exclusive  jurisdiction,  as  well  of  soil  as  of  per- 
sons residing  or  to  reside  thereon,  pursuant  to  the  tenor  and  effect  of  the 
eighth  section  of  the  first  article  of  the  Constitution  of  Government  of 
the  United  States; 

And  the  Congress  of  the  United  States,  by  their  act  passed  the  i6th 
day  of  July,  1790,  and  intituled  "An  act  for  establishing  the  temporary 
and  permanent  seat  of  the  Government  of  the  United  States,"  authorized 
the  President  of  the  United  States  to  appoint  three  commissioners  to 
survey  under  his  direction  and  by  proper  metes  and  bounds  to  limit  a 
district  of  territory',  not  exceeding  10  miles  square,  on  the  river  Potomac, 
at  some  place  between  the  mouths  of  the  Eastern  Branch  and  Connogo- 
cheque,  which  district,  so  to  be  located  and  limited,  was  accepted  by  the 
said  act  of  Congress  as  the  district  for  the  permanent  seat  of  the  Gov- 
ernment of  the  United  States: 

Now,  therefore,  in  pursuance  of  the  powers  to  me  confided,  and  after 
duly  examining  and  weighing  the  advantages  and  disadvantages  of  the 
several  situations  within  the  limits  aforesaid,  I  do  hereby  declare  and 
make  known  that  the  location  of  one  part  of  the  said  district  of  10 
miles  square  shall  be  found  by  running  four  lines  of  experiment  in  the 


George  Washington  loi 

following  manner,  that  is  to  say:  Running  from  the  court-house  of  Alex- 
andria, in  Virginia,  due  southwest  half  a  mile,  and  thence  a  due  south- 
east course  till  it  shall  strike  Hunting  Creek,  to  fix  the  beginning  of  the 
said  four  lines  of  experiment. 

Then  beginning  the  first  of  the  said  four  lines  of  experiment  at  the 
point  on  Hunting  Creek  where  the  said  southeast  course  shall  have 
struck  the  same,  and  running  the  said  first  line  due  northwest  lo  miles; 
thence  the  second  line  into  Maryland  due  northeast  lo  miles;  thence  the 
third  line  due  southeast  lo  miles,  and  thence  the  fourth  hne  due  south- 
west ID  miles  to  the  beginning  on  Hunting  Creek. 

And  the  said  four  lines  of  experiment  being  so  run,  I  do  hereby 
declare  and  make  known  that  all  that  part  within  the  said  four  lines  of 
•experiment  which  shall  be  within  the  State  of  Maryland  and  above  the 
Eastern  Branch,  and  all  that  part  within  the  same  four  lines  of  experi- 
ment which  shall  be  within  the  Commonwealth  of  Virginia  and  above  a 
line  to  be  run  from  the  point  of  land  forming  the  upper  cape  of  the 
mouth  of  the  Eastern  Branch  due  southwest,  and  no  more,  is  now  fixed 
upon  and  directed  to  be  surveyed,  defined,  limited,  and  located  for  a  part 
of  the  said  district  accepted  by  the  said  act  of  Congress  for  the  permanent 
seat  of  the  Government  of  the  United  States  (hereby  expressly  reserv- 
ing the  direction  of  the  survey  and  location  of  the  remaining  part  of  the 
said  district  to  be  made  hereafter  contiguous  to  such  part  or  parts  of  the 
present  location  as  is  or  shall  be  agreeable  to  law). 

And  I  do  accordingly  direct  the  said  commissioners,  appointed  agree- 
ably to  the  tenor  of  the  said  act,  to  proceed  forthwith  to  run  the  said 
lines  of  experiment,  and  the  same  being  run,  to  survey  and  by  proper 
metes  and  bounds  to  define  and  limit  the  part  within  the  same  which  is 
hereinbefore  directed  for  immediate  location  and  acceptance,  and  thereof 
to  make  due  report  to  me  under  their  hands  and  seals. 

In  testimony  whereof  I  have  caused  the  seal  of  the  United  States  to 

be  affixed  to  these  presents  and  signed  the  same  with  my  hand; 

r  -1          Done  at  the  city  of  Philadelphia,  the  24th  day  of  January, 

A.  D.  1 79 1,  and  of  the  Independence  of  the  United  States  the 

fifteenth.  ^p  WASHINGTON. 

By  the  President: 

Th:  Jefferson. 


[From  a  broadside  in  the  archives  of  the  Department  of  State.] 

By  the  President  of  the  United  States  of  America, 
a  proclamation. 

Whereas  it  hath  been  represented  to  me  that  James  O' Fallon  is  lev>'- 
ing  an  armed  force  in  that  part  of  the  State  of  Virginia  which  is  called 
Kentucky,  disturbs  the  public  peace,  and  sets  at  defiance  the  treaties  of 
the  United  States  with  the  Indian  tribes,  the  act  of  Congress  intituled 


I02  Messages  and  Papers  of  the  Presidents 

• 
'  'An  act  to  regulate  trade  and  intercourse  with  the  Indian  tribes, ' '  and 

my  proclamations  of  the  14th  and  26th  days  of  August  last  founded 

thereon;  and  it  is  my  earnest  desire  that  those  who  have  incautiously 

associated  themselves  with  the  said  James  O' Fallon  may  be  warned  of 

their  danger,  I  have  therefore  thought  fit  to  publish  this  proclamation, 

hereby  declaring  that  all  persons  violating  the  treaties  and  act  aforesaid 

shall  be  prosecuted  with  the  utmost  rigor  of  the  law. 

And  I  do,  moreover,  require  all  officers  of  the  United  States  whom  it 

may  concern  to  use  their  best  exertions  to  bring  to  justice  any  persons 

offending  in  the  premises. 

In  testimony  whereof  I  have  caused  the  seal  of  the  United  States  to 

be  affixed  to  these  presents  and  signed  the  same  with  my  hand. 

r  -1          Done  at  the  city  of  Philadelphia,  the  19th  day  of  March, 

A.  D.  1 79 1,  and  of  the  Independence  of  the  United  States  the 

fifteenth.  Qp  WASHINGTON. 

By  the  President: 

Th:  Jefferson. 

[From  the  Washington  Papers  (Executive  Proceedings),  vol.  20,  p.  191.] 

By  the  President  of  the  United  States  of  America. 

A  PROCLAMATION. 

Whereas  by  a  proclamation  bearing  date  the  24th  day  of  January  of 
this  present  year,  and  in  pursuance  of  certain  acts  of  the  States  of  Mary- 
land and  Virginia  and  of  the  Congress  of  the  United  States,  therein 
mentioned,  certain  lines  of  experiment  were  directed  to  be  run  in  the 
neighborhood  of  Georgetown,  in  Maryland,  for  the  purpose  of  determin- 
ing the  location  of  a  part  of  the  territory  of  10  miles  square  for  the  per- 
manent vSeat  of  the  Government  of  the  United  States,  ?nd  a  certain  part 
was  directed  to  be  located  within  the  said  lines  of  experiment  on  both 
sides  of  the  Potomac  and  abov^e  the  limit  of  the  Eastern  Branch  pre- 
scribed by  the  said  act  of  Congress; 

And  Congress  by  an  amendatory  act  passed  on  the  3d  day  of  the 
present  month  of  March  have  given  further  authority  to  the  President 
of  the  United  States  ' '  to  make  any  part  of  the  territory  below  the  said 
limit  and  above  the  mouth  of  Hunting  Creek  a  part  of  the  said  district, 
so  as  to  include  a  convenient  part  of  the  Eastern  Branch  and  of  the 
lands  lying  on  the  lower  side  thereof,  and  also  the  town  of  Alexandria' ' : 

Now,  therefore,  for  the  purpose  of  amending  and  completing  the  loca- 
tion of  the  whole  of  the  .said  territory  of  10  miles  square  in  conformity 
with  the  said  amendatory  act  of  Congress,  I  do  hereby  declare  and  make 
known  that  the  whole  of  the  said  territory  shall  be  located  and  included 
within  the  four  lines  following,  that  is  to  say: 

Beginning  at  Jones's  Point,  being  the  upper  cape  of  Hunting  Creek,  in 
Virginia,  and  at  an  angle  in  the  outset  of  45  degrees  west  of  the  north, 


George  Washington  103 

and  running  in  a  direct  line  10  miles  for  the  first  line  ;  then  beginning 
again  at  the  same  Jones's  Point  and  running  another  direct  line  at  a 
right  angle  with  the  first  across  the  Potomac  10  miles  for  the  second 
line;  then  from  the  termination  of  the  vSaid  first  and  second  lines  run- 
ning two  other  direct  lines  of  10  miles  each,  the  one  crossing  the  Eastern 
Branch  aforesaid  and  the  other  the  Potomac,  and  meeting  each  other  in 
a  point. 

And  I  do  accordingly  direct  the  commissioners  named  under  the 
authority  of  the  said  first-mentioned  act  of  Congress  to  proceed  forth- 
with to  have  the  said  four  lines  run,  and  by  proper  metes  and  bounds 
defined  and  limited,  and  thereof  to  make  due  report  under  their  hands 
and  seals;  and  the  territory  so  to  be  located,  defined,  and  limited  shall  be 
the  whole  territory  accepted  by  the  said  acts  of  Congress  as  the  district 
for  the  permanent  seat  of  the  Government  of  the  United  States. 

In  testimony  whereof  I  have  caused  the  seal  of  the  United  States  to 

be  affixed  to  these  presents  and  signed  the  same  with  my  hand, 
n  1  Done    at    Georgetown   aforesaid,  the  30th  day  of    March, 

A.  D.  1 79 1,  and  of  the  Independence  of  the  United  States  the 

fifteenth. 

GO  WASHINGTON. 


THIRD  ANNUAL  ADDRESS. 

United  States,  October  25,  1791. 
Fellow- Citizens  of  the  Senate  and  of  the  House  of  Representatives: 

I  meet  you  upon  the  present  occasion  with  the  feelings  which  are 
naturally  iUvSpired  by  a  strong  impression  of  the  prosperous  situation  of 
our  common  country,  and  by  a  persuasion  equally  strong  that  the  labors 
of  the  session  which  has  just  commenced  will,  under  the  guidance  of  a 
spirit  no  less  prudent  than  patriotic,  issue  in  measures  conducive  to  the 
stability  and  increase  of  national  prosperity. 

Numerous  as  are  the  providential  blessings  which  demand  our  grateful 
acknowledgments,  the  abundance  with  which  another  year  has  again 
rewarded  the  industry  of  the  husbandman  is  too  important  to  escape 
recollection. 

Your  own  observations  in  your  respective  situations  will  have  satisfied 
you  of  the  progressive  state  of  agriculture,  manufactures,  commerce, 
and  navigation.  In  tracing  their  causes  you  will  have  remarked  with 
particular  pleasure  the  happy  effects  of  that  revival  of  confidence,  public 
as  well  as  private,  to  which  the  Constitution  and  laws  of  the  United 
States  have  so  eminently  contributed;  and  you  will  have  observed  with 
no  less  interest  new  and  decisive  proofs  of  the  increasing  reputation  and 


I04  Messages  and  Papers  of  the  Presidents 

credit  of  the  nation.  But  you  nevertheless  can  not  fail  to  derive  satis- 
faction from  the  confirmation  of  these  circumstances  which  will  be  dis- 
closed in  the  several  official  communications  that  will  be  made  to  you  in 
the  course  of  3'our  deliberations. 

The  rapid  subscriptions  to  the  Bank  of  the  United  States,  which  com- 
pleted the  sum  allowed  to  be  subscribed  in  a  single  day,  is  among  the 
striking  and  pleasing  evidences  which  present  themselves,  not  only  of 
confidence  in  the  Government,  but  of  resource  in  the  community. 

In  the  inter\^al  of  your  recess  due  attention  has  been  paid  to  the  execu- 
tion of  the  different  objects  which  were  specially  provided  for  by  the  laws 
and  resolutions  of  the  last  session. 

Among  the  most  important  of  these  is  the  defense  and  security  of  the 
Western  frontiers.  To  accomplish  it  on  the  most  humane  principles 
was  a  primary  wish. 

Accordingly,  at  the  same  time  that  treaties  have  been  provisionally 
concluded  and  other  proper  means  used  to  attach  the  wavering  and  to 
confirm  in  their  friendship  the  well-disposed  tribes  of  Indians,  effectual 
measures  have  been  adopted  to  make  those  of  a  hostile  description  sensi- 
ble that  a  pacification  was  desired  upon  terms  of  moderation  and  justice. 

Those  measures  having  proved  unsuccessful,  it  became  necessary  to 
convince  the  refractory  of  the  power  of  the  United  States  to  punish  their 
depredations.  Offensive  operations  have  therefore  been  directed,  to 
be  conducted,  however,  as  consistently  as  possible  with  the  dictates  of 
humanity.  Some  of  these  have  been  crowned  with  full  success  and  others 
are  yet  depending.  The  expeditions  which  have  been  completed  were 
carried  on  under  the  authority  and  at  the  expense  of  the  United  States  by 
the  militia  of  Kentucky,  whose  enterprise,  intrepidity,  and  good  conduct 
are  entitled  to  peculiar  commendation. 

Overtures  of  peace  are  still  continued  to  the  deluded  tribes,  and  con- 
siderable numbers  of  individuals  belonging  to  them  have  lately  renounced 
all  further  opposition,  removed  from  their  former  situations,  and  placed 
themselves  under  the  immediate  protection  of  the  United  States. 

It  is  sincerely  to  be  desired  that  all  need  of  coercion  in  future  may 
cease  and  that  an  intimate  intercourse  may  succeed,  calculated  to 
advance  the  happiness  of  the  Indians  and  to  attach  them  firmly  to  the 
United  States. 

In  order  to  this  it  seems  necessary — 

That  they  should  experience  the  benefits  of  an  impartial  dispensation 
of  justice. 

That  the  mode  of  alienating  their  lands,  the  main  source  of  discontent 
and  war,  should  be  so  defined  and  regulated  as  to  obviate  imposition 
and  as  far  as  may  be  practicable  controversy  concerning  the  reaUty  and 
extent  of  the  alienations  which  are  made. 

That  commerce  with  them  should  be  promoted  under  regulations 
tending  to  secure  an  equitable  deportment  toward  them,  and  that  such 


George  Washington  105 

rational  experiments  should  be  made  for  imparting  to  them  the  blessings 
of  civilization  as  may  from  time  to  time  suit  their  condition. 

That  the  Executive  of  the  United  States  should  be  enabled  to  employ 
the  means  to  which  the  Indians  have  been  long  accustomed  for  uniting 
their  immediate  interests  with  the  preserv^ation  of  peace. 

And  that  efficacious  provision  should  be  made  for  inflicting  adequate 
penalties  upon  all  those  who,  by  violating  their  rights,  shall  infringe  the 
treaties  and  endanger  the  peace  of  the  Union. 

A  system  corresponding  with  the  mild  principles  of  religion  and 
philanthropy  toward  an  unenlightened  race  of  men,  whose  happiness 
materially  depends  on  the  conduct  of  the  United  States,  would  be  as 
honorable  to  the  national  character  as  conformable  to  the  dictates  of 
sound  policy. 

The  powers  specially  vested  in  me  by  the  act  laying  certain  duties  on 
distilled  spirits,  which  respect  the  subdivisions  of  the  districts  into  sur- 
veys, the  appointment  of  officers,  and  the  assignment  of  compensations, 
have  likewise  been  carried  into  effect.  In  a  matter  in  which  both  mate- 
rials and  experience  were  wanting  to  guide  the  calculation  it  will  be 
readily  conceived  that  there  must  have  been  difficulty  in  such  an  adjust- 
ment of  the  rates  of  compensation  as  would  conciliate  a  reasonable 
competency  with  a  proper  regard  to  the  limits  prescribed  by  the  law.  It 
is  hoped  that  the  circumspection  which  has  been  used  will  be  found  in 
the  result  to  have  secured  the  last  of  the  two  objects;  but  it  is  proba- 
ble that  with  a  view  to  the  first  in  some  instances  a  revision  of  the 
provision  will  be  found  advisable. 

The  impressions  with  which  this  law  has  been  received  by  the  com- 
munity have  been  upon  the  whole  such  as  were  to  be  expected  among 
enlightened  and  well-disposed  citizens  from  the  propriety  and  necessity 
of  the  measure.  The  novelty,  however,  of  the  tax  in  a  considerable 
part  of  the  United  States  and  a  misconception  of  some  of  its  provisions 
have  given  occasion  in  particular  places  to  some  degree  of  discontent; 
but  it  is  satisfactory  to  know  that  this  disposition  yields  to  proper 
explanations  and  more  just  apprehensions  of  the  true  nature  of  the  law, 
and  I  entertain  a  full  confidence  that  it  will  in  all  give  way  to  motives 
which  arise  out  of  a  just  sense  of  duty  and  a  virtuous  regard  to  the 
public  welfare. 

If  there  are  any  circumstances  in  the  law  which  consistently  with  its 
main  design  may  be  so  varied  as  to  remove  any  well-intentioned  objec- 
tions that  may  happen  to  exist,  it  will  consist  wuth  a  wise  moderation  to 
make  the  proper  variations.  It  is  desirable  on  all  occasions  to  unite 
with  a  steady  and  firm  adherence  to  constitutional  and  necessary  acts  of 
Government  the  fullest  evidence  of  a  disposition  as  far  as  may  be  practi- 
cable to  consult  the  wishes  of  every  part  of  the  community  and  to  lay 
the  foundations  of  the  pubhc  administration  in  the  affections  of  the 
people. 


io6  Messages  and  Papers  of  the  Presidents 

Pursuant  to  the  authority  contained  in  the  several  acts  on  that  subject, 
a  district  of  lo  miles  square  for  the  permanent  seat  of  the  Government 
of  the  United  States  has  been  fixed  and  announced  by  proclamation, 
which  district  will  comprehend  lands  on  both  sides  of  the  river  Potomac 
and  the  towns  of  Alexandria  and  Georgetown.  A  city  has  also  been  laid 
out  agreeably  to  a  plan  which  will  be  placed  before  Congress,  and  as 
there  is  a  prospect,  favored  by  the  rate  of  sales  which  have  already 
taken  place,  of  ample  funds  for  carrying  on  the  necessary  public  build- 
ings, there  is  every  expectation  of  their  due  progress. 

The  completion  of  the  census  of  the  inhabitants,  for  which  provision 
was  made  by  law,  has  been  duly  notified  (excepting  one  instance  in 
which  the  return  has  been  informal,  and  another  in  which  it  has  been 
omitted  or  miscarried),  and  the  returns  of  the  officers  who  were  charged 
with  this  duty,  which  will  be  laid  before  you,  will  give  you  the  pleasing 
assurance  that  the  present  population  of  the  United  States  borders  on 
4 ,  coo ,  coo  persons. 

It  is  proper  also  to  inform  you  that  a  further  loan  of  2,500,000  florins 
has  been  completed  in  Holland,  the  terms  of  which  are  similar  to  those 
of  the  one  last  announced,  except  as  to  a  small  reduction  of  charges. 
Another,  on  like  terms,  for  6,000,000  florins,  had  been  set  on  foot  under 
circumstances  that  assured  an  immediate  completion. 

Gentlemen  of  the  Senate: 

Two  treaties  which  have  been  provisionally  concluded  with  the  Chero- 
kees  and  Six  Nations  of  Indians  will  be  laid  before  you  for  your  con- 
sideration and  ratification. 


Gentlemen  of  the  House  of  Representatives: 

In  entering  upon  the  discharge  of  your  legislative  trust  you  must 
anticipate  with  pleasure  that  many  of  the  difficulties  necessarily  incident 
to  the  first  arrangements  of  a  new  government  for  an  extensive  country 
have  been  happily  surmounted  by  the  zealous  and  judicious  exertions  of 
your  predecessors  in  cooperation  with  the  other  branch  of  the  Legisla- 
ture. The  important  objects  which  remain  to  be  accomplished  will,  I 
am  persuaded,  be  conducted  upon  principles  equally  comprehensive  and 
equally  well  calculated  for  the  advancement  of  the  general  weal. 

The  time  limited  for  receiving  subscriptions  to  the  loans  proposed 
by  the  act  making  provision  for  the  debt  of  the  United  States  having 
expired,  statements  from  the  proper  department  will  as  soon  as  possible 
apprise  you  of  the  exact  result.  Enough,  however,  is  known  already 
to  afford  an  assurance  that  the  views  of  that  act  have  been  substantially 
fulfilled.  The  subscription  in  the  domestic  debt  of  the  United  States 
has  embraced  by  far  the  greatest  proportion  of  that  debt,  affording  at 
the  same  time  proof  of  the  general  satisfaction  of  the  public  creditors 


George  Washington  107 

with  the  system  which  has  been  proposed  to  their  acceptance  and  of  the 
spirit  of  accommodation  to  the  convenience  of  the  Government  with 
which  they  are  actuated.  The  subscriptions  in  the  debts  of  the  respec- 
tive States  as  far  as  the  provisions  of  the  law  have  permitted  may 
be  said  to  be  yet  more  general.  The  part  of  the  debt  of  the  United 
States  which  remains  unsubscribed  will  naturally  engage  your  further 
deliberations. 

It  is  particularly  pleasing  to  me  to  be  able  to  announce  to  you  that 
the  revenues  which  have  been  established  promise  to  be  adequate  to 
their  objects,  and  may  be  permitted,  if  no  unforeseen  exigenc}^  occurs, 
to  supersede  for  the  present  the  necessity  of  any  new  burthens  upon 
our  constituents. 

An  object  which  will  claim  your  early  attention  is  a  provision  for  the 
current  service  of  the  ensuing  year,  together  with  such  ascertained 
demands  upon  the  Treasury  as  require  to  be  immediately  discharged, 
and  such  casualties  as  may  have  arisen  in  the  execution  of  the  public 
business,  for  which  no  specific  appropriation  may  have  yet  been  made; 
of  all  which  a  proper  estimate  will  be  laid  before  you. 

Gentlemen  of  the  Senate  and  of  the  House  of  Representatives: 

I  shall  content  myself  with  a  general  reference  to  former  communica- 
tions for  several  objects  upon  which  the  urgency  of  other  affairs  has 
hitherto  postponed  any  definitive  resolution.  Their  importance  will 
recall  them  to  your  attention,  and  I  trust  that  the  progress  already  made 
in  the  most  arduous  arrangements  of  the  Government  will  afford  you 
leisure  to  resume  them  with  advantage. 

There  are,  however,  some  of  them  of  which  I  can  not  forbear  a  more 
particular  mention.  These  are  the  militia,  the  post-ofl&ce  and  post-roads, 
the  mint,  weights  and  measures,  a  provision  for  the  sale  of  the  vacant 
lands  of  the  United  States. 

The  first  is  certainly  an  object  of  primary  importance  whether  viewed 
in  reference  to  the  national  security  to  the  satisfaction  of  the  community 
or  to  the  preservation  of  order.  In  connection  with  this  the  establishment 
of  competent  magazines  and  arsenals  and  the  fortification  of  such  places 
as  are  peculiarly  important  and  vulnerable  naturally  present  themselves 
to  consideration.  The  safety  of  the  United  States  under  divine  protec- 
tion ought  to  rest  on  the  basis  of  systematic  and  solid  arrangements, 
exposed  as  little  as  possible  to  the  hazards  of  fortuitous  circumstances. 

The  importance  of  the  post-office  and  post-roads  on  a  plan  sufficiently 
liberal  and  comprehensive,  as  they  respect  the  expedition,  safety,  and 
facility  of  communication,  is  increased  by  their  instrumentality  in  diffus- 
ing a  knowledge  of  the  laws  and  proceedings  of  the  Government,  which, 
while  it  contributes  to  the  security  of  the  people,  serves  also  to  guard 
them  against  the  effects  of  misrepresentation  and  misconception.  The 
establishment  of  additional  cross  posts,  especially  to  some  of  the  important 


io8  Messages  and  Papers  of  the  Presidents 

points  in  the  Western  and  Northern  parts  of  the  Union,  can  not  fail  to 
be  of  material  utility. 

The  disorders  in  the  existing  currency,  and  especially  the  scarcity  of 
small  change,  a  scarcity  so  peculiarly  distressing  to  the  poorer  classes, 
strongly  recommend  the  carrying  into  immediate  effect  the  resolution 
already  entered  into  concerning  the  establishment  of  a  mint.  Measures 
have  been  taken  pursuant  to  that  resolution  for  procuring  some  of  the 
most  necessar}^  artists,  together  with  the  requisite  apparatus. 

An  uniformity  in  the  weights  and  measures  of  the  countr>'  is  among 
the  important  objects  submitted  to  you  by  the  Constitution,  and  if  it 
can  be  derived  from  a  standard  at  once  invariable  and  universal,  must 
be  no  less  honorable  to  the  public  councils  than  conducive  to  the  public 
convenience. 

A  provision  for  the  sale  of  the  vacant  lands  of  the  United  States  is 
particularly  urged,  among  other  reasons,  by  the  important  considerations 
that  they  are  pledged  as  a  fund  for  reimbursing  the  public  debt;  that  if 
timely  and  judiciously  applied  they  may  save  the  necessity  of  burthen- 
ing  our  citizens  with  new  taxes  for  the  extinguishment  of  the  principal; 
and  that  being  free  to  discharge  the  principal  but  in  a  Hmited  proportion, 
no  opportunity  ought  to  be  lost  for  avaiUng  the  public  of  its  right. 

GO  WASHINGTON. 

ADDRESS   OF  THE   SENATE  TO   GEORGE   WASHINGTON,    PRESIDENT 
OF  THE  UNITED  STATES. 

The  President  of  the  United  States. 

Sir:  The  Senate  of  the  United  States  have  received  with  the  highest 
satisfaction  the  assurances  of  public  prosperity  contained  in  your  speech 
to  both  Houses.  The  multiplied  blessings  of  Providence  have  not  escaped 
our  notice  or  failed  to  excite  our  gratitude. 

The  benefits  which  flow  from  the  restoration  of  public  and  private 
confidence  are  conspicuous  and  important,  and  the  pleasure  with  which 
we  contemplate  them  is  heightened  by  your  assurance  of  those  further 
communications  which  shall  confirm  their  existence  and  indicate  their 
source. 

While  we  rejoice  in  the  success  of  those  military  operations  which 
have  been  directed  against  the  hostile  Indians,  we  lament  with  you  the 
necessity  that  has  produced  them,  and  we  participate  the  hope  that  the 
present  prospect  of  a  general  peace  on  terms  of  moderation  and  justice 
may  be  wrought  into  complete  and  permanent  effect,  and  that  the  meas- 
ures of  Government  may  equally  embrace  the  security  of  our  frontiers 
and  the  general  interests  of  humanity,  our  solicitude  to  obtain  which  will 
insure  our  zealous  attention  to  an  object  so  warmly  espoused  by  the  prin- 
ciples of  benevolence  and  so  highly  interesting  to  the  honor  and  welfare 
of  the  nation. 


George  Washmgton  109 

The  several  subjects  which  you  have  particularly  recommended  and 
those  which  remain  of  former  sessions  will  engage  our  early  considera- 
tion. We  are  encouraged  to  prosecute  them  with  alacrity  and  steadiness 
by  the  belief  that  they  will  interest  no  passion  but  that  for  the  general 
welfare,  by  the  assurance  of  concert,  and  by  a  view  of  those  arduous  and 
important  arrangements  which  have  been  already  accomplished. 

We  observe,  sir,  the  constancy  and  activity  of  your  zeal  for  the  public 
good.  The  example  will  animate  our  efforts  to  promote  the  happiness 
of  our  country. 

October  28,  1791. 

reply  of  the  president. 

GenTlKmen:  This  manifestation  of  your  zeal  for  the  honor  and  the 
happiness  of  our  country  derives  its  full  value  from  the  share  which 
your  deliberations  have  already  had  in  promoting  both. 

I  thank  you  for  the  favorable  sentiments  with  which  you  \new  the 
part  I  have  borne  in  the  arduous  trust  committed  to  the  Government 
of  the  United  States,  and  desire  you  to  be  assured  that  all  my  zeal  will 
continue  to  second  those  further  efforts  for  the  public  good  which  are 
insured  by  the  spirit  in  which  you  are  entering  on  the  present  session. 

GO  WASHINGTON. 
October  31,  1791. 


ADDRESS  OE  THE  HOUSE  OE  REPRESENTATIVES  TO  GEORGE 
WASHINGTON,  PRESIDENT  OF  THE  UNITED  STATES. 

Sir:  In  receiving  your  address  at  the  opening  of  the  present  session 
the  House  of  Representatives  have  taken  an  ample  share  in  the  feelings 
inspired  by  the  actual  prosperity  and  flattering  prospects  of  our  country, 
and  whilst  with  becoming  gratitude  to  Heaven  we  ascribe  this  happi- 
ness to  the  true  source  from  which  it  flows,  we  behold  with  an  animating 
pleasure  the  degree  in  which  the  Constitution  and  laws  of  the  United 
States  have  been  instrumental  in  dispensing  it. 

It  yields  us  particular  satisfaction  to  learn  the  success  with  which  the 
different  important  measures  of  the  Government  have  proceeded,  as  well 
those  specially  provided  for  at  the  last  session  as  those  of  preceding 
date.  The  safety  of  our  Western  frontier,  in  which  the  lives  and  repose 
of  so  many  of  our  fellow-citizens  are  involved,  being  peculiarly  interest- 
ing, your  communications  on  that  subject  are  proportionally  grateful  to 
us.  The  gallantry  and  good  conduct  of  the  militia,  whose  services  were 
called  for,  is  an  honorable  confirmation  of  the  efficacy  of  that  precious 
resource  of  a  free  state,  and  we  anxiously  wish  that  the  consequences 
of  their  successful  enterprises  and  of  the  other  proceedings  to  which 
you  have  referred  may  leave  the  United  States  free  to  pursue  the  most 


no  Messages  and  Papers  of  the  Presidents 

benevolent  policy  toward  the  unhappy  and  deluded  race  of  people  in  our 
neighborhood. 

The  amount  of  the  population  of  the  United  States,  determined  by  the 
returns  of  the  census,  is  a  source  of  the  most  pleasing  reflections  whether 
it  be  \niev/ed  in  relation  to  our  national  safety  and  respectability  or  as 
a  proof  of  that  felicity  in  the  situation  of  our  country  which  favors  so 
unexampled  a  rapiditj'  in  its  growth.  Nor  ought  any  to  be  insensible 
to  the  additional  motive  suggested  bj'  this  important  fact  to  perpetuate 
the  free  Government  established,  with  a  wise  administration  of  it,  to  a 
portion  of  the  earth  which  promises  such  an  increase  of  the  number 
which  is  to  enjoy  those  blessings  within  the  limits  of  the  United  States. 

We  shall  proceed  with  all  the  respect  due  to  your  patriotic  recommen- 
dations and  with  a  deep  sense  of  the  trust  committed  to  us  by  our 
fellow-citizens  to  take  into  consideration  the  various  and  important 
matters  falling  within  the  present  session;  and  in  discussing  and  decid- 
ing each  we  shall  feel  every  disposition  whilst  we  are  pursuing  the  public 
welfare,  which  must  be  the  supreme  object  with  all  our  constituents,  to 
accommodate  as  far  as  possible  the  means  of  attaining  it  to  the  senti- 
ments and  wishes  of  every  part  of  them. 

October  27,  1791. 

REPLY  OF  THE  PRESIDENT. 

Gentlemen:  The  pleasure  I  derive  from  an  assurance  of  your  attention 
to  the  objects  I  have  recommended  to  you  is  doubled  by  your  concurrence 
in  the  testimony  I  have  borne  to  the  prosperous  condition  of  our  public 
affairs. 

Relying  on  the  sanctions  of  your  enlightened  judgment  and  on  your 
patriotic  aid,  I  shall  be  the  more  encouraged  in  all  my  endeavors  for 
the  public  weal,  and  particularly  in  those  which  may  be  required  on  my 
part  for  executing  the  salutary  measures  I  anticipate  from  your  present 
deliberations. 

GO  WASHINGTON. 

October  28,  1791. 


SPECIAL  MESSAGES. 

United  States,  October  26,  17 91. 
Gentlemen  of  the  Senate  and  of  the  House  of  Representatives: 

I  lay  before  you  copies  of  the  following  acts,  which  have  been  trans- 
mitted to  me  during  the  recess  of  Congress,  \'iz: 

An  act  passed  by  the  legislature  of  New  Hampshire  for  ceding  to  the 
United  States  the  fort  and  light-house  belonging  to  the  said  State. 

An  act  of  the  legislature  of  Pennsylvania  ratifying  ou  behalf  of  said 


George  Washington  iii 

State  the  first  article  of  amendment  to  the  Constitution  of  the  United 
States  as  proposed  by  Congress;  and 

An  act  of  the  legislature  of  North  Carolina  granting  the  use  of  the 
jails  within  that  State  to  the  United  States. 

G9  WASHINGTON. 


United  States,  October  26,  17 91. 
Gentlemen  of  the  Senate: 

I  have  directed  the  Secretary  of  War  to  lay  before  you  for  your  consid- 
eration all  the  papers  relative  to  the  late  negotiations  with  the  Cherokee 
Indians,  and  the  treaty  concluded  with  that  tribe  on  the  2d  day  of  July 
last  by  the  superintendent  of  the  southern  district,  and  I  request  your 
advice  whether  I  shall  ratify  the  same. 

I  also  lay  before  you  the  instructions  to  Colonel  Pickering  and  his 
conferences  with  the  Six  Nations  of  Indians.  These  conferences  were  for 
the  purpose  of  conciliation,  and  at  a  critical  period,  to  withdraw  those 
Indians  to  a  greater  distance  from  the  theater  of  war,  in  order  to  prevent 
their  being  involved  therein. 

It  might  not  have  been  necessary  to  have  requested  your  opinion  on 
this  business  had  not  the  commissioner,  with  good  intentions,  but  incau- 
tiously, made  certain  ratifications  of  lands  unauthorized  by  his  instruc- 
tions and  unsupported  by  the  Constitution. 

It  therefore  became  necessary  to  disavow  the  transaction  explicitly  in 
a  letter  written  by  my  orders  to  the  governor  of  New  York  on  the  1 7  th 
of  August  last. 

The  speeches  to  the  Complanter  and  other  Seneca  chiefs,  the  instruc- 
tions to  Colonel  Proctor,  and  his  report,  and  other  messages  and  directions 
are  laid  before  you  for  your  information  and  as  e\ndences  that  all  proper 
lenient  measures  preceded  the  exercise  of  coercion. 

The  letters  to  the  chief  of  the  Creeks  are  also  laid  before  yow.,  to  evince 
that  the  requisite  steps  have  been  taken  to  produce  a  full  compliance 
with  the  treaty  made  with  that  nation  on  the  7th  of  August,  1790. 

GO  WASHINGTON. 

United  States,  October  27,  1791. 
Gentlemen  of  the  Senate  and  of  the  House  of  Representatives: 

I  lay  before  you  a  copy  of  a  letter  and  of  sundry  documents  which  I 
have  received  from  the  governor  of  Pennsylvania,  respecting  certain 
persons  who  are  said  to  have  fled  from  justice  out  of  the  State  of  Penn- 
sylvania into  that  of  Virginia,  together  with  a  report  of  the  Attorney- 
General  of  the  United  States  upon  the  same  subject. 

I  have  received  from  the  governor  of  North  Carolina  a  copy  of  an  act 
of  the  general  assembly  of  that  State,  authorizing  him  to  convey  to  the 
United  States  the  right  and  jurisdiction  of  the  said  State  over  i  acre  of 


112  Messages  and  Papers  of  the  Presidents 

land  in  Occacock  Island  and  lo  acres  on  the  Cape  Island,  wifhin  the  said 
State,  for  the  purpose  of  erecting  light-houses  thereon,  together  with  the 
deed  of  the  governor  in  pursuance  thereof  and  the  original  conveyances 
made  to  the  State  by  the  individual  proprietors,  which  original  convey- 
ances contain  conditions  that  the  light-house  on  Occacock  shall  be  built 
before  the  ist  day  of  January,  1801,  and  that  on  the  Cape  Island  before 
the  8th  day  of  October,  1800.  And  I  have  caused  these  several  papers 
to  be  deposited  in  the  office  of  the  Secretary  of  State. 

A  statement  of  the  returns  of  the  enumeration  of  the  inhabitants  of 
the  United  States  which  have  been  received  will  at  this  time  be  laid 

before  you. 

G9  WASHINGTON. 

United  States,  October  2"/,  17 91. 
Gentlemen  of  the  Senate  and  of  the  House  of  Reprcseyitatives: 

I  have  directed  the  Secretary  of  War  to  lay  before  you,  for  your  infor- 
mation, the  reports  of  Brigadier- General  Scott  and  L,ieutenant-Colonel 
Commandant  Wilkinson,  the  officers  who  commanded  the  two  expedi- 
tions against  the  Wabash  Indians  in  the  months  of  June  and  August 
last,  together  with  the  instructions  by  virtue  of  which  the  said  expedi- 
tions were  undertaken.  When  the  operations  now  depending  shall  be 
terminated,  the  reports  relative  thereto  shall  also  be  laid  before  you. 

GO  WASHINGTON. 

United  States,  October  ji,  17 91. 
Gentlerneyi  of  the  Senate  and  of  the  House  of  Representatives: 

I  send  you  herewith  the  arrangement  which  has  been  made  by  me, 
pursuant  to  the  act  entitled  "An  act  repealing  after  the  last  day  of  June 
next  the  duties  heretofore  laid  upon  distilled  .spirits  imported  from 
abroad  and  laying  others  in  their  stead,  and  also  upon  spirits  distilled 
within  the  United  States,  and  for  appropriating  the  same,"  in  respect 
to  the  subdivision  of  the  several  districts  created  by  the  said  act  into 
surveys  of  inspection,  the  appointment  of  officers  for  the  same,  and  the 
assignment  of  compensations. 

GO  WASHINGTON. 

United  States,  November  i,  1791. 
Gentlemen  of  the  Senate  and  of  the  House  of  Representatives: 

I  received  yesterday  from  the  judge  of  the  district  of  South  Carolina  a 
letter,  inclosing  the  presentments  of  the  grand  jury  to  him,  and  stating 
the  causes  which  have  prevented  the  return  of  the  census  from  that 
district,  copies  of  which  are  now  laid  before  you. 

GO  WASHINGTON. 


George  Washington  113 

United  States,  November  10,  ijgi. 
Gentlemen  of  the  Senate  and  of  the  House  of  Representatives: 

The  resolution  passed  at  the  last  session  of  Congress,  requesting  the 
President  of  the  United  States  to  cause  an  estimate  to  be  laid  before 
Congress  at  their  next  session  of  the  quantity  and  situation  of  the  lands 
not  claimed  by  the  Indians  nor  granted  to  nor  claimed  by  any  of  the 
citizens  of  the  United  States  within  the  territory  ceded  to  the  United 
States  by  the  State  of  North  Carolina  and  within  the  territory  of  the 
United  States  northwest  of  the  river  Ohio,  has  been  referred  to  the 
Secretary  of  State,  a  copy  of  whose  report  on  that  subject  I  now  lay 
before  you,  together  with  the  copy  of  a  letter  accompanying  it. 

GQ  WASHINGTON. 

United  States,  November  11,  1791. 
Ge7itlemen  of  the  Senate  and  of  the  House  of  Represe^itatives: 

I  have  received  from  the  governor  of  Virginia  a  resolution  of  the 
general  assembly  of  that  Commonwealth,  ratifying  the  first  article  of 
the  amendments  proposed  by  Congress  to  the  Constitution  of  the  United 
States,  a  copy  of  which  and  of  the  letter  accompanying  it  I  now  lay 
before  you. 

Sundry  papers  relating  to  the  purchase  by  Judge  Symmes  of  the  lands 
on  the  Great  Miami  having  been  communicated  to  me,  I  have  thought  it 
proper  to  lay  the  same  before  you  for  your  information  on  that  subject. 

G9  WASHINGTON. 

United  States,  December  12,  17 91. 
Gentlemen  of  the  Seriate  a7id  of  the  House  of  Representatives: 

It  is  with  great  concern  that  I  communicate  to  you  the  information 
received  from  Major-General  St.  Clair  of  the  misfortune  which  has 
befallen  the  troops  under  his  command. 

Although  the  national  loss  is  considerable  according  to  the  scale  of 
the  event,  yet  it  may  be  repaired  without  great  difficulty,  excepting  as  to 
the  brave  men  who  have  fallen  on  the  occasion,  and  who  are  a  subject 
of  public  as  well  as  private  regret. 

A  further  communication  will  shortly  be  made  of  all  such  matters  as 
shall  be  necessary  to  enable  the  Legislature  to  judge  of  the  future 
measures  which  it  may  be  proper  to  pursue. 

GO  WASHINGTON. 

United  States,  December  ij,  1791. 

Gentlemeyi  of  the  Senate  and  of  the  House  of  Representatives: 

I  place  before  3'ou  the  plan  of  a  city  that  has  been  laid  out  within  the 

district  of  10  miles  square,  which  was  fixed  upon  for  the  permanent  seat 

of  the  Government  of  the  United  States. 

GO  WASHINGTON. 
M  P— vol.  1—8 


114  Messages  and  Papers  of  the  Presidents 

United  States,  December  20,  1791. 
Gentlemen  of  the  Senate  and  of  the  House  of  Representatives: 

I  lay  before  you  the  copy  of  a  letter  which  I  have  received  from  the 
governor  of  the  Commonwealth  of  Pennsylvania,  and  of  sundry  documents 
which  accompanied  it,  relative  to  a  contract  for  the  purchase  of  a  certain 
tract  of  land  bounding  on  Lake  Erie,  together  with  a  copy  of  a  report 
of  the  Secretary  of  State  on  the  same  subject. 

GO  WASHINGTON. 


United  States,  December  jo,  1J91. 
Gentlemen  of  the  Senate  and  of  the  House  of  Representatives: 

I  lay  before  you  a  copy  of  the  ratification  by  the  Commonwealth  of 
Virginia  of  the  articles  of  amendment  proposed  by  Congress  to  the 
Constitution  of  the  United  States,  and  a  copy  of  a  letter  which  accom- 
panied said  ratification  from  the  governor  of  Virginia. 

GO  WASHINGTON. 


United  States,  fanuary  u,  1792. 
Ge7itlemen  of  the  Senate: 

I  lay  before  you  the  following  report,  which  has  been  made  to  me  by 
the  Secretary  of  State  : 

December  22,  1791. 

The  Secretary  of  State  reports  to  the  President  of  the  United  States  that  one  of 
the  commissioners  of  Spain,  in  the  name  of  both,  has  lately  communicated  to  him 
verbally,  by  order  of  his  Court,  that  His  Catholic  Majesty,  apprised  of  our  solicitude 
to  have  some  arrangements  made  respecting  our  free  navigation  of  the  river  Missis- 
sippi and  the  use  of  a  port  thereon,  is  ready  to  enter  into  treaty  thereon  at  Madrid. 

The  Secretary  of  State  is  of  opinion  that  this  overture  should  be  attended  to 
without  delay,  and  that  the  proposal  of  treating  at  Madrid,  though  not  what  might 
have  been  desired,  should  yet  be  accepted,  and  a  commission  plenipotentiary  made 
out  for  the  purpose. 

That  jNIr.  Carmichael,  the  present  chargd  d'affaires  of  the  United  States  at  Madrid, 
from  the  local  acquaintance  which  he  must  have  acquired  with  persons  and  circum- 
stances, would  be  an  useful  and  proper  member  of  the  commission,  but  that  it  would 
be  useful  also  to  join  with  him  some  person  more  particularly  acquainted  with  the 
circumstances  of  the  navigation  to  be  treated  of. 

That  the  fund  appropriated  by  the  act  providing  the  means  of  intercourse  between 
the  United  States  and  foreign  nations  will  insufficiently  furnish  the  ordinary'  and 
regular  demands  on  it,  and  is  consequently  inadequate  to  the  mission  of  an  additional 
commissioner  express  from  hence. 

That  therefore  it  will  be  advisable  on  this  account,  as  well  as  for  the  sake  of 
dispatch,  to  constitute  some  one  of  the  ministers  of  the  United  States  in  Europe, 
jointly  with  Mr.  Carmichael,  commissioners  plenipotentiarj-  for  the  special  purpose 
of  negotiating  and  concluding  with  any  person  or  persons  duly  authorized  by  His 
Catholic  Majesty  a  convention  or  treaty  for  the  free  navigation  of  the  river  Missis- 
sippi by  the  citizens  of  the  United  States  under  such  accommodations  with  respect 
to  a  port  and  other  circumstances  as  may  render  the  said  navigation  practicable, 


George  Washington  115 

useful,  and  free  from  dispute,  saving  to  the  President  and  Senate  their  respective 
rights  as  to  the  ratification  of  the  same,  and  that  the  said  negotiation  be  at  Madrid, 
or  such  other  place  in  Spain  as  shall  be  desired  by  His  Catholic  Majesty. 

TH:  JEFFERSON. 

In  consequence  of  the  communication  from  the  Court  of  Spain,  as 
stated  in  the  preceding  report,  I  nominate  WilHam  Carmichael,  present 
charge  d'affaires  of  the  United  States  at  Madrid,  and  WilHam  Short, 
present  charge  d'affaires  of  the  United  States  at  Paris,  to  be  commis- 
sioners plenipotentiary  for  negotiating  and  concluding  with  any  person 
or  persons  who  shall  be  duly  authorized  by  His  Catholic  Majesty  a  con- 
vention or  treaty  concerning  the  navigation  of  the  river  Mississippi  by 
the  citizens  of  the  United  States,  saving  to  the  President  and  Senate 
their  respective  rights  as  to  the  ratification  of  the  same. 

GO  WASHINGTON. 

United  States,  January  11,  1792. 
GentlerneJi  of  the  Senate  and  of  the  House  of  RepreseJitatives: 

I  lay  before  you,  in  confidence,  two  reports,  made  to  me  by  the  Secre- 
tary for  the  Department  of  War,  relatively  to  the  present  state  of  affairs 
on  the  Western  frontiers  of  the  United  States. 

In  these  reports  the  causes  of  the  present  war  with  the  Indians,  the 
measures  taken  by  the  Executive  to  terminate  it  amicably,  and  the  mili- 
tary preparations  for  the  late  campaign  are  stated  and  explained,  and  also 
a  plan  suggested  of  such  further  measures  on  the  occasion  as  appear  just 
and  expedient. 

I  am  persuaded,  gentlemen,  that  you  will  take  this  important  subject 
into  your  immediate  and  serious  consideration,  and  that  the  result  of  your 
deliberations  will  be  the  adoption  of  such  wise  and  efficient  measures  as 
will  reflect  honor  on  our  national  councils  and  promote  the  welfare  of  our 
country. 

GO  WASHINGTON. 

United  States,  January  18,  1792. 
Gentlemen  of  the  Senate  and  of  the  House  of  Representatives: 

I  lay  before  you  a  copy  of  an  exemplified  copy  of  an  act  of  the  legisla- 
ture of  Vermont,  ratifying  on  behalf  of  that  State  the  articles  of  amend- 
ment proposed  by  Congress  to  the  Constitution  of  the  United  States 
together  with  a  copy  of  a  letter  which  accompanied  said  ratification. 

GO  WASHINGTON. 

United  Sth.ms,  January  /8,  1792. 
Geyitlemen  of  the  Senate: 

I  lay  before  you  the  communications  of  a  deputation  from  the  Chero- 
kee Nation  of  Indians  now  in  this  city,  and  I  request  your  advice  whether 


ii6  Messages  and  Papers  of  the  Presidents 

an  additional  article  shall  be  made  to  the  Cherokee  treaty  to  the  follow- 
ing effect,  to  wit : 

That  the  sum  to  be  paid  annually  by  the  United  States  to  the  Cher- 
okee Nation  of  Indians  in  consideration  of  the  relinquishment  of  lands  as 
stated  in  the  treaty  made  with  them  on  the  2d  day  of  July,  1791,  shall 
be  $1,500  instead  of  $1,000  mentioned  in  the  said  treaty. 

G9  WASHINGTON. 


United  States,  January  2j,  1792. 
Gentlemen  of  the  Senate  and  of  the  House  of  Representatives: 

Having  received  from  the  governor  of  Virginia  a  letter,  inclosing  a 
resolution  of  the  general  assembly  of  that  State  and  a  report  of  a  com- 
mittee of  the  House  of  Delegates  respecting  certain  lands  located  by  the 
officers  and  soldiers  of  the  Virginia  line  under  the  laws  of  that  State,  and 
since  ceded  to  the  Chickasaw  Indians,  I  lay  copies  of  the  same  before  you, 
together  with  a  report  of  the  Secretary  of  State  on  this  subject. 

GO  WASHINGTON. 


United  States,  February  8,  1792. 
Gentlemen  of  the  Senate  and  of  the  House  of  Representatives: 

An  article  of  expense  having  occurred  in  the  Department  of  Foreign 
Affairs  for  which  no  provision  has  been  made  by  law,  I  lay  before  you  a 
letter  from  the  Secretary  of  State  explaining  the  same,  in  order  that  you 
may  do  thereon  what  you  shall  find  to  be  right. 

GO  WASHINGTON. 

United  States,  March  j,  1792. 
Gentlemen  of  the  Senate  and  of  the  House  of  Representatives: 

I  lay  before  you  a  copy  of  a  return  of  the  number  of  inhabitants  in  the 
district  of  South  Carolina  as  made  to  me  by  the  marshal  thereof,  and  a 
copy  of  a  letter  which  accompanied  said  return. 

GO  WASHINGTON. 

United  States,  March  5, 1792. 
Gejitlemen  of  the  Setiate  and  of  the  House  of  Representatives: 

Knowing  the  friendly  interest  you  take  in  whatever  may  promote  the 
happiness  and  prosperity  of  the  French  nation,  it  is  with  pleasure  that  I 
lay  before  you  the  translation  of  a  letter  which  I  have  received  from  His 
Most  Christian  Majesty,  announcing  to  the  United  States  of  America 
his  acceptance  of  the  constitution  presented  to  him  by  his  nation. 

G9  WASHINGTON. 


George  Washington  117 

Very  Dear  Great  Friends  and  Allies: 

We  make  it  our  duty  to  inform  you  that  we  have  accepted  the  constitution  which 
has  been  presented  to  us  in  the  name  of  the  nation,  and  according  to  which  France 
will  be  henceforth  governed. 

We  do  not  doubt  that  you  take  an  interest  in  an  event  so  important  to  our  Kingdom 
and  to  us,  and  it  is  with  real  pleasure  we  take  this  occasion  to  renew  to  you  assur- 
ances of  the  sincere  friendship  we  bear  you.     Whereupon  we  pray  God  to  have  you, 
very  dear  great  friends  and  allies,  in  His  just  and  holy  keeping. 
Written  at  Paris  the  19th  of  September,  1791. 

Your  good  friend  and  ally, 

LOUIS. 
MONTMORIN. 

The  United  States  of  North  America. 


United  States,  March  <5,  //p^. 
Gentlemen  of  the  Senate: 

I  lay  before  you  the  following  report,  which  has  been  submitted  to  me 
by  the  Secretary  of  State: 

January  id,  1792. 

The  Secretary  of  State  having  received  information  that  the  merchants  and  mer- 
chandise of  the  United  States  are  subject  in  Copenhagen  and  other  ports  of  Denmark 
to  considerable  extra  duties,  from  which  they  might  probably  be  relieved  by  the 
presence  of  a  consul  there — 

Reports  to  the  President  of  the  United  States  that  it  would  be  expedient  to  name 
a  consul  to  be  resident  in  the  port  of  Copenhagen;  that  he  has  not  been  able  to  find 
that  there  is  any  citizen  of  the  United  States  residing  there;  that  there  is  a  certain 
Hans  P.udolph  Saaby,  a  Danish  subject  and  merchant  of  that  place,  of  good  character, 
of  wealth  and  distinction,  and  well  qualified  and  disposed  to  act  there  for  the  United 
States,  who  would  probably  accept  the  commission  of  consul;  but  that  that  of  vice- 
consul,  hitherto  given  by  the  President  to  foreigners  in  ports  where  there  was  no 
proper  American  citizen,  would  probably  not  be  accepted  because  in  tliis,  as  in  some 
other  ports  of  Europe,  usage  has  established  it  as  a  subordinate  grade. 

And  that  he  is  therefore  of  the  opinion  that  the  said  Hans  Rudolph  Saaby  should 
be  nominated  consul  of  the  United  States  of  America  for  the  port  of  Copenhagen 
and  such  othei*places  within  the  allegiance  of  His  Danish  Majesty  as  shall  be  nearer 
to  the  said  port  than  to  the  residence  of  any  other  consul  or  vice-consul  of  the 
United  States  within  the  same  allegiance. 

TH:  JEFFERSON. 

With  a  view  to  relieve  the  merchants  and  merchandise  of  the  United 

States  from  the  extra  duties  to  which  they  are  or  may  be  subjected  in 

the  ports  of  Denmark,  I  have  thought  it  for  the  interest  of  the  United 

States  that  a  consul  be  appointed  to  reside  at  Copenhagen.     I  therefore 

nominate  Hans   Rudolph  Saaby,  a  Danish  subject  and  merchant  of 

Copenhagen,  to  be  consul  for  the  United  States  of  America  at  the  port 

of  Copenhagen  and  for  such  other  places  within  the  allegiance  of  His 

Danish  Majesty  as  shall  be  nearer  to  the  said  port  than  to  the  residence 

of  any  other  consul  or  vice-consul  of  the  United  States  within  the  same 

allegiance. 

G9  WASHINGTON. 


ii8  Messages  and  Papers  of  the  Presidents 

United  States,  March  7,  1792. 
Gentlemen  of  the  Senate: 

I  submit  to  your  consideration  the  report  of  the  Secretary  of  State, 
which  accompanies  this,  stating  the  reasons  for  extending  the  negotia- 
tion proposed  at  Madrid  to  the  subject  of  commerce,  and  explaining, 
under  the  form  of  instructions  to  the  commissioners  lately  appointed  to 
that  Court,  the  principles  on  which  commercial  arrangements  with  Spain 
might,  if  desired  on  her  part,  be  acceded  to  on  ours  ;  and  I  have  to  request 
your  decision  whether  you  will  advise  and  consent  to  the  extension  of 
the  powers  of  the  commissioners  as  proposed,  and  to  the  ratification  of  a 
treaty  which  shall  conform  to  those  instructions  should  they  enter  into 

such  a  one  with  that  Court. 

G9  WASHINGTON. 


March  7,  1792. 

The  Secretary  of  State  having  understood  from  communications  with  the  commis- 
sioners of  His  Catholic  Majesty,  subsequent  to  that  which  he  reported  to  the  President 
on  the  22d  of  December  last,  that  though  they  considered  the  navigation  of  the 
Mississippi  as  the  principal  object  of  negotiation  between  the  two  countries,  yet 
it  was  expected  by  their  Court  that  the  conferences  would  extend  to  all  the  mat- 
ters which  were  under  negotiation  on  the  former  occasion  with  Mr.  Gardoqui,  and 
particularly  to  some  arrangements  of  commerce,  is  of  opinion  that  to  renew  the 
conferences  on  this  subject  also,  since  they  desire  it,  will  be  but  friendly  and  respect- 
ful, and  can  lead  to  nothing  without  our  own  consent,  and  that  to  refuse  it  might 
obstruct  the  settlement  of  the  questions  of  navigation  and  boundary;  and  therefore 
reports  to  the  President  of  the  United  States  the  following  observations  and  instruc- 
tions to  the  commissioners  of  the  United  States  appointed  to  negotiate  with  the 
Court  of  Spain  a  treaty  or  convention  relative  to  the  navigation  of  the  Mississippi, 
which  observations  and  instructions  he  is  of  opinion  should  be  laid  before  the  Senate 
of  the  United  States,  and  their  decision  be  desired  whether  they  will  advise  and 
consent  that  a  treaty  be  entered  into  by  the  commissioners  of  the  United  States  with 
Spain  conformably  thereto. 

After  stating  to  our  commissioners  the  foundation  of  our  rights  to  navigate  the 
Mississippi  and  to  hold  our  southern  boundary  at  the  thirty-first  degree  of  latitude, 
and  that  each  of  these  is  to  be  a  sine  qua  non,  it  is  proposed  to  add  as  follows: 

On  the  former  conferences  on  the  navigation  of  the  Mississippi,  Spain  chose  to 
blend  with  it  the  subject  of  commerce,  and  accordingly  specific  propositions  thereon 
passed  between  the  negotiators.  Her  object  then  was  to  obtain  our  renunciation  of 
the  navigation  and  to  hold  out  commercial  arrangements  perhaps  as  a  lure  to  us. 
Perhaps,  however,  she  might  then,  and  may  now,  really  set  a  value  on  commercial 
arrangements  with  us,  and  may  receive  them  as  a  consideration  for  accommodating 
us  in  the  navigation,  or  may  wish  for  them  to  have  the  appearance  of  receiving  a 
consideration.  Commercial  arrangements,  if  acceptable  in  themselves,  will  not  be 
the  less  so  if  coupled  with  those  relating  to  navigation  and  boundary.  We  have  only 
to  take  care  that  they  be  acceptable  in  themselves. 

There  are  two  principles  which  may  be  proposed  as  the  basis  of  a  commercial 
treaty:  First,  that  of  exchanging  the  privileges  of  native  citizens,  or,  second,  those  of 
the  most  favored  nation. 

First.  With  the  nations  holding  important  possessions  in  America  we  are  ready  to 
exchange  the  rights  of  native  citizens,  provided  they  be  extended  through  the  whole 
possessions  of  both  parties;  but  the  propositions  of  Spain  made  on  the  former  occa- 


George  Washington  119 

sion  (a  copy  of  which  accompanies  this)  were  that  we  should  give  their  merchants, 
vessels,  and  productions  the  privileges  of  native  merchants,  vessels,  and  productions 
through  the  whole  of  our  possessions,  and  they  give  the  same  to  ours  only  in  Spain 
and  the  Canaries.  This  is  inadmissible,  because  unequal;  and  as  we  believe  that 
Spain  is  not  ripe  for  an  equal  exchange  on  this  basis,  we  avoid  proposing  it. 

Second.  Though  treaties  which  merely  exchange  the  rights  of  the  most  favored 
nations  are  not  without  all  inconvenience,  yet  they  have  their  conveniences  also.  It 
is  an  important  one  that  they  leave  each  party  free  to  make  what  internal  regulations 
they  please,  and  to  give  what  preferences  they  find  expedient  to  native  merchants, 
vessels,  and  productions ;  and  as  we  already  have  treaties  on  this  basis  with  France, 
Holland,  Sweden,  and  Prussia,  the  two  former  of  which  are  perpetual,  it  will  be 
but  small  additional  embarrassment  to  extend  it  to  Spain.  On  the  contrary,  we  are 
sensible  it  is  right  to  place  that  nation  on  the  most  favored  footing,  whether  we  have  a 
treaty  with  them  or  not,  and  it  can  do  us  no  harm  to  secure  by  treaty  a  reciprocation 
of  the  right. 

Of  the  four  treaties  before  mentioned,  either  the  French  or  the  Prussian  might  be 
taken  as  a  model ;  but  it  would  be  useless  to  propose  the  Prussian,  because  we  have 
already  supposed  that  Spain  would  never  consent  to  those  articles  which  give  to 
each  party  access  to  all  the  dominions  of  the  other;  and  without  this  equivalent 
we  would  not  agree  to  tie  our  own  hands  so  materially  in  war  as  would  be  done  by 
the  twenty-third  article,  which  renounces  the  right  of  fitting  out  privateers  or  of 
capturing  merchant  vessels.  The  French  treaty,  therefore,  is  proposed  as  the  model. 
In  this,  however,  the  following  changes  are  to  be  made  : 

We  should  be  admitted  to  all  the  dominions  of  Spain  to  which  any  other  foreign 
nation  is  or  may  be  admitted. 

Article  5,  being  an  exemption  from  a  particular  duty  in  France,  will  of  course  be 
omitted  as  inapplicable  to  Spain. 

Art'cle  8  to  be  omitted  as  unnecessary  with  Morocco,  and  ineflScacious  and  little 
honorable  with  any  of  the  Barbary  powers ;  but  it  may  furnish  occasion  to  sound 
Spain  on  the  project  of  a  convention  of  the  powers  at  war  with  the  Barbary  States 
to  keep  up  by  rotation  a  constant  cruise  of  a  given  force  on  their  coa.sts  till  they 
shall  be  compelled  to  renounce  forever  and  against  all  nations  their  predatory 
practices.  Perhaps  the  infidelities  of  the  Algerines  to  their  treaty  of  peace  with 
Spain,  thougli  the  latter  does  not  choose  to  break  openly,  may  induce  her  to  subsidize 
us  to  cruise  against  them  with  a  given  force. 

Articles  9  and  10,  concerning  fisheries,  to  be  omitted  as  inapplicable. 

Article  11.  The  first  paragraph  of  this  article  respecting  the  droit  d'aubaine  to 
be  omitted,  that  law  being  supposed  peculiar  to  France. 

Article  17,  giving  asylum  in  the  ports  of  either  to  the  armed  vessels  of  the  other 
with  the  prizes  taken  from  the  enemies  of  that  other,  must  be  qualified  as  it  is  in 
the  nineteenth  article  of  the  Prussian  treaty,  as  the  stipulation  in  the  latter  part 
of  the  article  that  ' '  no  shelter  or  refuge  shall  be  given  in  the  ports  of  the  one  to  such 
as  shall  have  made  prize  on  the  subjects  of  the  other  of  the  parties"  would  forbid 
us,  in  case  of  a  war  between  France  and  Spain,  to  give  shelter  in  our  ports  to  prizes 
made  by  the  latter  on  the  former,  while  the  first  part  of  the  article  would  oblige  us 
to  shelter  those  made  by  the  former  on  the  latter — a  very  dangerous  covenant,  and 
which  ought  never  to  be  repeated  in  any  other  instance. 

Article  29.  Consuls  should  be  received  at  all  the  ports  at  which  the  vessels  of 
either  party  may  be  received. 

Article  30,  concerning  free  ports  in  Europe  and  America,  free  ports  in  the  Spanish 
possessions  in  America,  and  particularly  at  The  Havannah,  are  more  to  be  desired 
than  expected.  It  can  therefore  only  be  recommended  to  the  best  endeavors  of  the 
commissioners  to  obtain  them.  It  will  be  something  to  obtain  for  our  vessels,  flour, 
etc. ,  admission  to  those  ports  during  their  pleasure.     In  like  manner,  if  they  could 


I20  Messages  and  Papers  of  the  Presidents 

be  prevailed  on  to  reestablish  our  right  of  cutting  logwood  in  the  Bay  of  Campeachy 
on  the  footing  on  which  it  stood  before  the  treaty  of  1763,  it  would  be  desirable  and 
not  endanger  to  us  any  contest  with  the  English,  who  by  the  revolution  treaty 
are  restrained  to  the  southeastern  parts  of  Yucatan. 

Article  31.  The  act  of  ratification  on  our  part  may  require  a  twelvemonth  from 
the  date  of  the  treaty,  as  the  Senate  meets  regularly  but  once  a  year;  and  to  return 
it  to  Madrid  for  exchange  may  require  four  months  more. 

The  treaty  must  not  exceed  years'  duration,  except  the  clauses  relating  to 

boundarj'  and  the  navigation  of  the  Mississippi,  which  must  be  perpetual  and  final. 
Indeed,  these  two  subjects  had  better  be  in  a  separate  instrument. 

There  might  have  been  mentioned  a  third  species  of  arrangement — that  of  making 
special  agreements  on  every  special  subject  of  commerce,  and  of  settling  a  tariff  of 
duty  to  l)e  paid  on  each  side  on  every  particular  article;  but  this  would  require  in 
our  commissioners  a  very  minute  knowledge  of  our  commerce,  as  it  is  impossible  to 
foresee  every  proposition  of  this  kind  which  might  be  brought  into  discussion  and  to 
prepare  them  for  it  by  information  and  instruction  from  hence.  Our  commerce,  too, 
is  as  yet  rather  in  a  com-se  of  experiment,  and  the  channels  in  which  it  will  ultimately 
flow  are  not  sufficiently  known  to  enable  us  to  provide  for  it  by  special  agreement; 
nor  have  the  exigencies  of  our  new  Government  as  yet  so  far  developed  themselves 
as  that  we  can  know  to  what  degree  we  may  or  must  have  recoiu-se  to  commerce  for 
the  purposes  of  revenue.  No  common  consideration,  therefore,  ought  to  induce  us 
as  yet  to  arrangements  of  this  kind.  Perhaps  nothing  should  do  it  with  any  nation 
short  of  the  pri\nleges  of  natives  in  all  their  possessions,  foreign  and  domestic. 

It  were  to  be  wished,  indeed,  that  some  positively  favorable  stipulations  respecting 
our  grain,  floiu",  and  fish  could  be  obtained,  even  on  our  giving  reciprocal  advantages 
to  some  of  the  commodities  of  Spain,  say  her  wines  and  brandies ;  but. 

First.  If  we  quit  the  ground  of  the  ■a\o?,t  favored  nation  as  to  certain  articles  for 
our  convenience,  Spain  may  insist  on  doing  the  same  for  other  articles  for  her  con- 
venience, and  thus  our  commissioners  will  get  themselves  on  the  ground  of  a  treaty 
0/ detail,  for  which  they  will  not  be  prepared. 

Second.  If  we  grant  favor  to  the  wines  and  brandies  of  Spain,  then  Portugal  and 
France  will  demand  the  same;  and  in  order  to  create  an  equivalent  Portugal  may  lay 
a  duty  on  our  fish  and  grain,  and  France  a  prohibition  on  our  whale  oils,  the  removal 
of  which  will  be  proposed  as  an  equivalent. 

Thus  much,  however,  as  to  grain  and  flour  may  be  attempted.  There  has  not  long 
since  been  a  considerable  duty  laid  on  them  in  Spain.  This  was  while  a  treaty  on 
the  subject  of  commerce  was  pending  between  us  and  Spain,  as  that  Court  considers 
the  matter.  It  is  not  generally  thought  right  to  change  the  state  of  things  pending  a 
treaty  concerning  them.  On  this  consideration  and  on  the  motive  of  cultivating  omx 
friendship,  perhaps  the  commissioners  may  induce  them  to  restore  this  commodity  to 
the  footing  on  which  it  was  on  opening  the  conferences  with  Mr.  Gardoqui,  on  the 
26th  day  of  July,  1 785.  If  Spain  says,  ' '  Do  the  same  by  yoiu-  tonnage  on  our  vessels, ' ' 
the  answer  may  be  that  ' '  Our  foreign  tonnage  affects  Spain  very  little  and  other 
nations  very  much;  whereas  the  duty  on  flour  in  Spain  affects  us  very  much  and 
other  nations  very  little ;  consequently  there  would  be  no  equality  in  reciprocal 
relinquishment,  as  there  had  been  none  in  the  reciprocal  innovation;  and  Spain,  by 
in.sisting  on  this,  would  in  fact  only  be  aiding  the  interests  of  her  rival  nations,  to 
whom  we  .should  be  forced  to  extend  the  same  indulgence."  At  the  time  of  opening 
the  conferences,  too,  we  had  as  yet  not  erected  any  system,  our  Government  itself 
being  not  yet  erected.  Innovation  then  was  unavoidable  on  our  part,  if  it  l)e  inno- 
vation to  establish  a  system.  We  did  it  on  fair  and  general  ground,  on  ground 
favorable  to  Spain;  but  they  had  a  system,  and  therefore  innovation  was  avoidable 
on  their  part. 

TH:  JEFFERSON. 


George  Washington  I2i 

ARTICLES  PROPOSED  BY  DON   DIEGO   GARDOQUI  TO   BE  INSERTED  IN  THE  TREATY 
WITH  THE  UNITED  STATES. 

First.  That  all  commercial  regulations  affecting  each  other  shall  be  founded  in 
perfect  reciprocity.  Spanish  merchants  shall  enjoy  all  the  commercial  privileges  of 
native  merchants  in  the  United  States,  and  American  merchants  shall  enjoy  ail  the 
commercial  privileges  of  native  merchants  in  the  Kingdom  of  Spain  and  in  the 
Canaries  and  other  islands  belonging  to  and  adjacent  thereto.  The  same  privileges 
shall  extend  to  their  respective  vessels  and  merchandise  consisting  of  the  manufac- 
tures and  products  of  their  respective  countries. 

Second.  Each  party  may  establish  consuls  in  the  countries  of  the  other  (excepting 
such  provinces  in  Spain  into  which  none  have  heretofore  been  admitted,  viz,  Bilboa 
and  Guipusca),  with  such  powers  and  privileges  as  shall  be  ascertained  by  a  par- 
ticular convention. 

Third.  That  the  bona  fide  manufactures  and  productions  of  the  United  States 
(tobacco  only  excepted,  which  shall  continue  under  its  present  regulation)  may  be 
imported  in  American  or  Spanish  vessels  into  any  parts  of  His  Majesty's  European 
dominions  and  islands  aforesaid  in  like  manner  as  if  they  were  the  productions  of 
Spain,  and,  on  the  other  hand,  that  the  bona  fide  manufactures  and  productions  of 
His  Majesty's  dominions  may  be  imported  into  the  United  States  in  Spanish  or 
American  vessels  in  like  manner  as  if  they  were  the  manufactures  and  productions 
of  the  said  States.  And  fiulher,  that  all  such  duties  and  imposts  as  may  mutually 
be  thought  necessary  to  lay  on  them  by  either  party  shall  be  ascertained  and  regulated 
on  principles  of  exact  reciprocity  by  a  tariff,  to  be  formed  by  a  convention  for  that 
piupose,  to  be  negotiated  and  made  within  one  year  after  the  exchange  of  the  rati- 
fication of  this  treaty ;  and  in  the  meantime  that  no  other  duties  or  imposts  shall  be 
exacted  from  each  other's  merchants  and  ships  than  such  as  may  be  payable  by 
natives  in  like  cases. 

Fourth.  That  inasmuch  as  the  United  States,  from  not  having  mines  of  gold  and 
silver,  may  often  want  supplies  of  specie  for  a  circulating  medium,  His  Catholic 
Majesty,  as  a  proof  of  his  good  will,  agrees  to  order  the  masts  and  timber  which  may 
from  time  to  time  be  wanted  for  his  royal  ndvy  to  be  purchased  and  paid  for  in 
specie  in  the  United  States,  provided  the  said  masts  and  timber  shall  be  of  equal  quality 
and  when  brought  to  Spain  shall  not  cost  more  than  the  like  may  there  be  had  for 
from  other  countries. 

Fifth.  It  is  agreed  that  the  articles  commonly  inserted  in  other  treaties  of  com- 
merce for  mutual  and  reciprocal  convenience  shall  be  inserted  in  this,  and  that  tliis 

treaty  and  every  article  and  stipulation  therein  shall  continue  in  full  force  for 

years,  to  be  computed  from  the  day  of  the  date  hereof. 


United  States,  March  p,  1792. 
Gentlemen  of  the  Senate  and  of  the  House  of  Representatives: 

I  now  lay  before  you  a  general  account  rendered  by  the  bankers  of  the 
United  States  at  Amsterdam  of  the  payments  they  had  made  between 
the  ist  of  July,  1790  and  1791,  from  the  fund  deposited  in  their  hands 
for  the  purposes  of  the  act  providing  the  means  of  intercourse  between 
the  United  States  and  foreign  nations,  and  of  the  balance  remaining  in 
their  hands,  together  with  a  letter  from  the  Secretary  of  State  on  the 
subject. 

GO  WASHINGTON. 


122  Messages  and  Papers  of  the  Presidents 

United  States,  March  20,  1792. 
Gentlemen  0/  the  Senate  and  of  the  House  of  Representatives: 

The  several  acts  which  have  been  passed  relatively  to  the  military 
establishment  of  the  United  States  and  the  protection  of  the  frontiers 
do  not  appear  to  have  made  provision  for  more  than  one  brigadier-general. 
It  is  incumbent  upon  me  to  observe  that,  with  a  view  merely  to  the 
organization  of  the  troops  designated  by  those  acts,  a  greater  number  of 
officers  of  that  grade  would,  in  my  opinion,  be  conducive  to  the  good  of 
the  public  service.  But  an  increase  of  the  number  becomes  still  more 
desirable  in  reference  to  a  different  organization  which  is  contemplated, 
pursuant  to  the  authority  vested  in  me  for  that  purpose,  and  which, 
besides  other  advantages  expected  from  it,  is  recommended  by  considera- 
tions of  economy.  I  therefore  request  that  you  will  be  pleased  to  take 
this  subject  into  your  early  consideration  and  to  adopt  such  measures 
thereon  as  you  shall  judge  proper. 

GO  WASHINGTON. 

United  States,  March  23,  1792. 
Gentlemen  of  the  Se?tate: 

At  the  conferences  which  Colonel  Pickering  had  with  the  Five  Nations 
at  the  Painted  Post  the  last  year  ideas  were  then  held  out  of  introducing 
among  them  some  of  the  primary  principles  of  civilization,  in  conse- 
quence of  which,  as  well  as  more  firmly  to  attach  them  to  the  interests 
of  the  United  States,  they  have  been  invited  to  the  seat  of  the  General 
Government. 

As  the  representation  now  here  is  respectable  for  its  character  and 
influence,  it  is  of  some  importance  that  the  chiefs  should  be  well  satisfied 
of  the  entire  good  faith  and  liberality  of  the  United  States. 

In  managing  the  affairs  of  the  Indian  tribes  generally  it  appears 
proper  to  teach  them  to  expect  annual  presents,  conditioned  on  the 
evidence  of  their  attachment  to  the  interests  of  the  United  States.  The 
situation  of  the  Five  Nations  and  the  present  crisis  of  affairs  would 
.seem  to  render  the  extension  of  this  measure  to  them  highly  judicious. 
I  therefore  request  the  advice  of  the  Senate  whether  an  article  shall  be 
stipulated  with  the  Five  Nations  to  the  following  purport,  to  wit: 

The  United  States,  in  order  to  promote  the  happiness  of  the  Five  Nations  of 
Indians,  will  cause  to  be  expended  annually  the  amount  of  f  1,500  in  purchasing  for 
them  clothing,  domestic  animals,  and  implements  of  husbandry,  and  for  encouraging 
useful  artificers  to  reside  in  their  villages. 

GO  WASHINGTON. 

April,  13,  1792. 
Gentlemen  of  the  Senate  and  of  the  House  of  Representatives: 

I  have  thought  it  proper  to  lay  before  you  a  communication  of  the  i  ith 
instant  from  the  minister  plenipotentiary  of  Great  Britain  to  the  Secre- 


George  Washington  123 

tary  of  State,  relative  to  the  commerce  of  the  two  countries,  together 
with  their  explanatorj'  correspondence  and  the  Secretary  of  State's  letter 
to  me  on  the  subject. 

GO  WASHINGTON. 


United  States,  April  16,  1792. 
Gentlemen  of  the  Senate  and  of  the  House  of  Representatives: 

I  lay  before  you  a  copy  of  a  letter  from  the  judges  of  the  circuit  court 
of  the  United  States  held  for  the  New  York  district,  and  of  their  opinion 
and  agreement  respecting  the  "Act  to  provide  for  the  settlement  of  the 
claims  of  widows  and  orphans  barred  by  the  limitations  heretofore  estab- 
lished, and  to  regulate  the  claims  to  invalid  pensions. ' ' 

GO  WASHINGTON. 


United  States,  April  21,  1792. 
Ge^itlemen  of  the  Senate  and  of  the  House  of  Representatives: 

I  lay  before  you  the  copy  of  a  letter  which  I  have  received  from  the 
judges  of  the  circuit  court  of  the  United  States  held  for  the  Pennsylvania 
district  relatively  to  the  "Act  to  provide  for  the  settlement  of  the  claims 
of  widows  and  orphans  barred  by  the  limitations  heretofore  established, 
and  to  regulate  the  claims  to  invalid  pensions." 

G9  WASHINGTON. 


United  States,  May  8,  1792. 
Gentlemen  of  the  Senate: 

If  the  President  of  the  United  States  should  conclude  a  convention  or 
treaty  with  the  Government  of  Algiers  for  the  ransom  of  the  thirteen 
Americans  in  captivity  there  for  a  sum  not  exceeding  $40,000,  all 
expenses  included,  will  the  Senate  approve  the  same?  Or  is  there  any, 
and  what,  greater  or  lesser  sum  which  they  would  fix  on  as  the  limit 
beyond  which  they  would  not  approve  the  ransom? 

If  the  President  of  the  United  States  should  conclude  a  treaty  wdth  the 

Government  of  Algiers  for  the  establishment  of  peace  with  them,  at  an 

expense  not  exceeding  $25,000,  paid  at  the  signature,  and  a  like  sum  to 

be  paid  annually  afterwards  during  the  continuance  of  the  treaty,  would 

the  Senate  approve  the  same?     Or  are  there  any  greater  or  lesser  sums 

which  they  would  fix  on  as  the  limits  beyond  which  they  would  not 

approve  of  such  treaty? 

GP  WASHINGTON. 


124  Messages  and  Papers  of  the  Presidents 


VETO  MESSAGE. 

United  States,  April  5,  1792. 
Gentlemen  of  the  House  of  Representatives: 

I  have  maturely  considered  the  act  passed  by  the  two  Houses  entitled 
"An  act  for  an  apportionment  of  Representatives  among  the  several 
States  according  to  the  first  enumeration,"  and  I  return  it  to  your 
House,  wherein  it  originated,  with  the  following  objections: 

First.  The  Constitution  has  prescribed  that  Representatives  shall  be 
apportioned  among  the  several  States  according  to  their  respective 
numbers,  and  there  is  no  one  proportion  or  divisor  which,  applied  to 
the  respective  numbers  of  the  States,  will  yield  the  number  and  allotment 
of  Representatives  proposed  by  the  bill. 

Second.  The  Constitution  has  also  provided  that  the  number  of  Repre- 
sentatives shall  not  exceed  i  for  every  30,000,  which  restriction  is  by 
the  context  and  by  fair  and  obvious  construction  to  be  applied  to  the 
separate  and  respective  numbers  of  the  States;  and  the  bill  has  allotted  to 
eight  of  the  States  more  than  i  for  every  30,000. 

G9  WASHINGTON. 


[From  Sparks's  Washington,  Vol.  X,  p.  532.] 

PROCLAMATION. 

Whereas  certain  violent  and  unwarrantable  proceedings  have  lately 
taken  place  tending  to  obstruct  the  operation  of  the  laws  of  the  United 
States  for  raising  a  revenue  upon  spirits  distilled  within  the  same, 
enacted  pursuant  to  express  authority  delegated  in  the  Constitution  of 
the  United  States,  which  proceedings  are  subversive  of  good  order,  con- 
trary to  the  duty  that  every  citizen  owes  to  his  country  and  to  the  laws, 
and  of  a  nature  dangerous  to  the  very  being  of  a  government;  and 

Whereas  such  proceedings  are  the  more  unwarrantable  by  reason  of 
the  moderation  which  has  been  heretofore  shown  on  the  part  of  the 
Government  and  of  the  disposition  which  has  been  manifested  by  the 
Legislature  (who  alone  have  authority  to  suspend  the  operation  of  laws) 
to  obviate  causes  of  objection  and  to  render  the  laws  as  acceptable  as 
possible;  and 

Whereas  it  is  the  particular  duty  of  the  Executive  ' '  to  take  care  that 
the  laws  be  faithfully  executed,"  and  not  only  that  duty  but  the  per- 
manent interests  and  happiness  of  the  people  require  that  every  legal 
and  necessary  step  should  be  pursued  as  well  to  prevent  such  violent  and 


George  Washington  125 

unwarrantable  proceedings  as  to  bring  to  justice  the  infractors  of  the 
laws  and  secure  obedience  thereto: 

Now,  therefore,  I,  George  Washington,  President  of  the  United  States, 
do  by  these  presents  most  earnestly  admonish  and  exhort  all  persons 
whom  it  may  concern  to  refrain  and  desist  from  all  unlawful  combina- 
tions and  proceedings  whatsoever  having  for  object  or  tending  to  obstruct 
the  operation  of  the  laws  aforesaid,  inasmuch  as  all  lawful  ways  and 
means  will  be  strictly  put  in  execution  for  bringing  to  justice  the  infract- 
ors thereof  and  securing  obedience  thereto. 

And  I  do  moreover  charge  and  require  all  courts,  magistrates,  and 
officers  whom  it  may  concern,  according  to  the  duties  of  their  several 
offices,  to  exert  the  powers  in  them  respectively  vested  by  law  for  the 
purposes  aforesaid,  hereby  also  enjoining  and  requiring  all  persons 
whomsoever,  as  they  tender  the  welfare  of  their  country,  the  just  and 
due  authority  of  Government,  and  the  preservation  of  the  public  peace, 
to  be  aiding  and  assisting  therein  according  to  law. 

In  testimony  whereof  I  have  caused  the  seal  of  the  United  States  to  be 
affixed  to  these  presents,  and  signed  the  same  with  my  hand. 
[seal,.]         Done  this  15th  of  September,  A.  D.  1792,  and  of  the  Inde- 
pendence of  the  United  States  the  seventeenth. 

GO  WASHINGTON. 


FOURTH  ANNUAL  ADDRESS. 

United  States,  November  6,  ryp2. 
Fellow- Citizens  of  the  Senate  afid  of  the  House  of  Representatives: 

It  is  some  abatement  of  the  satisfaction  with  which  I  meet  you  on 
the  present  occasion  that,  in  felicitating  you  on  a  continuance  of  the 
national  prosperity  generally,  I  am  not  able  to  add  to  it  infonnation 
that  the  Indian  hostilities  which  have  for  some  time  past  distressed 
our  Northwestern  frontier  have  terminated. 

You.  will,  I  am  persuaded,  learn  with  no  less  concern  than  I  com- 
municate it  that  reiterated  endeavors  toward  effecting  a  pacification 
have  hitherto  issued  only  in  new  and  outrageous  proofs  of  persevering 
hostility  on  the  part  of  the  tribes  with  whom  we  are  in  contest.  An 
earnest  desire  to  procure  tranquillity  to  the  frontier,  to  stop  the  further 
effusion  of  blood,  to  arrest  the  progress  of  expense,  to  forward  the  pre\'a- 
lent  wish  of  the  nation  for  peace  has  led  to  strenuous  efforts  through 
various  channels  to  accomplish  these  desirable  purposes;  in  making 
which  efforts  I  consulted  less  my  own  anticipations  of  the  event,  or 
the  scruples  which  some  considerations  were  calculated  to  inspire,  than 


126  Messages  and  Papers  of  the  Presidents 

the  wish  to  find  the  object  attainable,  or  if  not  attainable,  to  ascertain 
unequivocally  that  such  is  the  case, 

A  detail  of  the  measures  which  have  been  pursued  and  of  their  conse- 
quences, which  will  be  laid  before  you,  while  it  will  confirm  to  you  the 
want  of  success  thus  far,  will,  I  trust,  evince  that  means  as  proper  and 
as  efficacious  as  could  have  been  devised  have  been  employed.  The 
issue  of  some  of  them,  indeed,  is  still  depending,  but  a  favorable  one, 
though  not  to  be  despaired  of,  is  not  promised  by  anything  that  has 
yet  happened. 

In  the  course  of  the  attempts  which  have  been  made  some  valuable 
citizens  have  fallen  victims  to  their  zeal  for  the  public  ser\'ice,  A  sanc- 
tion commonly  respected  even  among  savages  has  been  found  in  this 
instance  insufiicient  to  protect  from  massacre  the  emissaries  of  peace. 
It  will,  I  presume,  be  duly  considered  whether  the  occasion  does  not  call 
for  an  exercise  of  liberality  toward  the  families  of  the  deceased. 

It  must  add  to  your  concern  to  be  informed  that,  besides  the  continua- 
tion of  hostile  appearances  among  the  tribes  north  of  the  Ohio,  some 
threatening  symptoms  have  of  late  been  revived  among  some  of  those 
south  of  it. 

A  part  of  the  Cherokees,  known  by  the  name  of  Chickamaugas,  inhab- 
iting five  villages  on  the  Tennessee  River,  have  long  been  in  the  practice 
of  committing  depredations  on  the  neighboring  settlements. 

It  was  hoped  that  the  treaty  of  Holston,  made  with  the  Cherokee 
Nation  in  July,  1791,  would  have  prevented  a  repetition  of  such  depre- 
dations; but  the  event  has  not  answered  this  hope.  The  Chickamaugas, 
aided  by  some  banditti  of  another  tribe  in  their  vicinity,  have  recently 
perpetrated  wanton  and  unprovoked  hostilities  upon  the  citizens  of  the 
United  States  in  that  quarter.  The  information  which  has  been  received 
on  this  subject  will  be  laid  before  you.  Hitherto  defensive  precautions 
only  have  been  strictly  enjoined  and  observed. 

It  is  not  understood  that  any  breach  of  treaty  or  aggression  what- 
soever on  the  part  of  the  United  States  or  their  citizens  is  even  alleged 
as  a  pretext  for  the  spirit  of  hostility  in  this  quarter. 

I  have  reason  to  believe  that  every  practicable  exertion  has  been  made 
(pursuant  to  the  provision  bylaw  for  that  purpose)  to  be  prepared  for  the 
alternative  of  a  prosecution  of  the  war  in  the  event  of  a  failure  of  pacific 
overtures,  A  large  proportion  of  the  troops  authorized  to  be  raised  have 
been  recruited,  though  the  number  is  still  incomplete,  and  pains  have 
been  taken  to  discipline  and  put  them  in  condition  for  the  particular  kind 
of  service  to  be  performed,  A  delay  of  operations  (besides  being  dictated 
by  the  measures  which  were  pursuing  toward  a  pacific  termination  of  the 
war)  has  been  in  itself  deemed  preferable  to  immature  efforts,  A  state- 
ment from  the  proper  department  with  regard  to  the  number  of  troops 
raised,  and  some  other  points  which  have  been  suggested,  will  afford  more 
precise  information  as  a  guide  to  the  legislative  consultations,  and  among 


George  Washington  127 

other  things  will  enable  Congress  to  judge  whether  some  additional 
stimulus  to  the  recruiting  service  may  not  be  advisable. 

In  looking  forward  to  the  future  expense  of  the  operations  which  may 
be  found  inevitable  I  derive  consolation  from  the  information  I  receive 
that  the  product  of  the  revenues  for  the  present  year  is  likely  to  super- 
sede the  necessity  of  additional  burthens  on  the  community  for  the  service 
of  the  ensuing  year.  This,  however,  will  be  better  ascertained  in  the 
course  of  the  session,  and  it  is  proper  to  add  that  the  information  alluded 
to  proceeds  upon  the  supposition  of  no  material  extension  of  the  spirit  of 
hostility. 

I  can  not  dismiss  the  subject  of  Indian  affairs  without  again  recom- 
mending to  your  consideration  the  expediency  of  more  adequate  provision 
for  giving  energy  to  the  laws  throughout  our  interior  frontier  and  for 
restraining  the  commission  of  outrages  upon  the  Indians,  without  which 
all  pacific  plans  must  prove  nugatory.  To  enable,  by  competent  rewards, 
the  employment  of  qualified  and  trusty  persons  to  reside  among  them 
as  agents  would  also  contribute  to  the  preservation  of  peace  and  good 
neighborhood.  If  in  addition  to  these  expedients  an  eligible  plan  could 
be  devised  for  promoting  civilization  among  the  friendly  tribes  and  for 
carrying  on  trade  with  them  upon  a  scale  equal  to  their  wants  and  under 
regulations  calculated  to  protect  them  from  imposition  and  extortion, 
its  influence  in  cementing  their  interest  with  ours  could  not  but  be 
considerable. 

The  prosperous  state  of  our  revenue  has  been  intimated.  This  would 
be  still  more  the  case  were  it  not  for  the  impediments  which  in  some  places 
continue  to  embarrass  the  collection  of  the  duties  on  spirits  distilled 
within  the  United  States.  These  impediments  have  lessened  and  are 
lessening  in  local  extent,  and,  as  applied  to  the  community  at  large,  the 
contentment  with  the  law  appears  to  be  progressive. 

But  symptoms  of  increased  opposition  having  lately  manifested  them- 
selves in  certain  quarters,  I  judged  a  special  interposition  on  ni}^  part 
proper  and  advisable,  and  under  this  impression  have  issued  a  proclama- 
tion warning  against  all  unlawful  combinations  and  proceedings  having 
for  their  object  or  tending  to  obstruct  the  operation  of  the  law  in  ques- 
tion, and  announcing  that  all  lawful  ways  and  means  would  be  strictly 
put  in  execution  for  bringing  to  justice  the  infractors  thereof  and  securing 
obedience  thereto. 

Measures  have  also  been  taken  for  the  prosecution  of  offenders,  and 
Congress  may  be  assured  that  nothing  within  constitutional  and  legal 
limits  which  may  depend  upon  me  shall  be  wanting  to  assert  and  main- 
tain the  just  authority  of  the  laws.  In  fulfilling  this  trust  I  shall  count 
entirely  upon  the  full  cooperation  of  the  other  departments  of  the  Gov- 
ernment and  upon  the  zealous  support  of  all  good  citizens. 

I  can  not  forbear  to  bring  again  into  the  view  of  the  Legislature  the 
subject  of  a  revision  of  the  judiciary  system.     A  representation  from 


128  Messages  and  Papers  of  the  Presidents 

the  judges  of  the  Supreme  Court,  which  will  be  laid  before  you,  points 
out  some  of  the  inconveniences  that  are  experienced.  In  the  course  of 
the  execution  of  the  laws  considerations  arise  out  of  the  structure  of 
that  system  which  in  some  cases  tend  to  relax  their  efficacy.  As  con- 
nected with  this  subject,  provisions  to  facilitate  the  taking  of  bail  upon 
processes  out  of  the  courts  of  the  United  States  and  a  supplementary 
definition  of  offenses  against  the  Constitution  and  laws  of  the  Union  and 
of  the  punishment  for  such  offenses  will,  it  is  presumed,  be  found  worthy 
of  particular  attention. 

Obser\ations  on  the  value  of  peace  with  other  nations  are  unnecessary. 
It  would  be  wise,  however,  by  timely  provisions  to  guard  against  those 
acts  of  our  own  citizens  which  might  tend  to  disturb  it,  and  to  put  our- 
selves in  a  condition  to  give  that  satisfaction  to  foreign  nations  which  we 
may  sometimes  have  occasion  to  require  from  them.  I  particularly  recom- 
mend to  your  consideration  the  means  of  preventing  those  aggressions  by 
our  citizens  on  the  territory  of  other  nations,  and  other  infractions  of  the 
law  of  nations,  which,  furnishing  just  subject  of  complaint,  might  endan- 
ger our  peace  with  them;  and,  in  general,  the  maintenance  of  a  friendly 
mtercourse  with  foreign  powers  will  be  presented  to  your  attention  by 
the  expiration  of  the  law  for  that  purpose,  which  takes  place,  if  not 
renewed,  at  the  close  of  the  present  session. 

In  execution  of  the  authority  given  by  the  Legislature  measures  have 
been  taken  for  engaging  some  artists  from  abroad  to  aid  in  the  establish- 
ment of  our  mint.  Others  have  been  employed  at  home.  Provision 
has  been  made  of  the  requisite  buildings,  and  these  are  now  putting 
into  proper  condition  for  the  purposes  of  the  establishment.  There  has 
also  been  a  small  beginning  in  the  coinage  of  half  dimes,  the  want  of 
small  coins  in  circulation  calling  the  first  attention  to  them. 

The  regulation  of  foreign  coins  in  correspondency  with  the  princi- 
ples of  our  national  coinage,  as  being  essential  to  their  due  operation 
and  to  order  in  our  money  concerns,  will,  I  doubt  not,  be  resumed  and 
completed. 

It  is  represented  that  some  provisions  in  the  law  which  establishes  the 
post-office  operate,  in  experiment,  against  the  transmission  of  newspapers 
to  distant  parts  of  the  country'.  Should  this,  upon  due  inquiry,  be  found 
to  be  the  fact,  a  full  conviction  of  the  importance  of  facilitating  the  cir- 
culation of  political  intelligence  and  information  will,  I  doubt  not,  lead 
to  the  application  of  a  remedy. 

The  adoption  of  a  constitution  for  the  State  of  Kentucky  has  been 
notified  to  me.  The  Legislature  will  share  with  me  in  the  satisfaction 
which  arises  from  an  event  interesting  to  the  happiness  of  the  part  of  the 
nation  to  which  it  relates  and  conducive  to  the  general  order. 

It  is  proper  likewise  to  inform  you  that  since  my  last  communication 
on  the  subject,  and  in  further  execution  of  the  acts  severally  making  pro- 
vision for  the  public  debt  and  for  the  reduction  thereof,  three  new  loans 


George  Washington  129 

have  been  effected,  each  for  3,000,000  florins — one  at  Antwerp,  at  the 
annual  interest  of  4^  per  cent,  with  an  allowance  of  4  per  cent  in  lieu 
of  all  charges,  and  the  other  two  at  Amsterdam,  at  the  annual  interest 
of  4  per  cent,  with  an  allowance  of  5^  per  cent  in  one  case  and  of  5  per 
cent  in  the  other  in  lieu  of  all  charges.  The  rates  of  these  loans  and 
the  circumstances  under  which  they  have  been  made  are  confirmations 
of  the  high  state  of  our  credit  abroad. 

Among  the  objects  to  which  these  funds  have  been  directed  to  be 
applied,  the  payment  of  the  debts  due  to  certain  foreign  officers,  accord- 
ing to  the  provision  made  during  the  last  session,  has  been  embraced. 

Gentleme7i  of  the  Hotise  of  Representatives: 

I  entertain  a  strong  hope  that  the  state  of  the  national  finances  is  now 
sufficiently  matured  to  enable  you  to  enter  upon  a  systematic  and  effectual 
arrangement  for  the  regular  redemption  and  discharge  of  the  public  debt, 
according  to  the  right  which  has  been  reserved  to  the  Government.  No 
measure  can  be  more  desirable,  whether  viewed  with  an  eye  to  its  intrinsic 
importance  or  to  the  general  sentiment  and  wish  of  the  nation. 

Provision  is  likewise  requisite  for  the  reimbursement  of  the  loan  which 
has  been  made  of  the  Bank  of  the  United  States,  pursuant  to  the  eleventh 
section  of  the  act  by  which  it  is  incorporated.  In  fulfilling  the  public 
stipulations  in  this  particular  it  is  expected  a  valuable  saving  will  be 
made. 

Appropriations  for  the  current  service  of  the  ensuing  year  and  for 
such  extraordinaries  as  may  require  provision  will  demand,  and  I  doubt 
not  will  engage,  your  early  attention. 

Gentlemen  of  the  Seriate  and  of  the  House  of  Representatives : 

I  content  myself  with  recalling  your  attention  generally  to  such 
objects,  not  particularized  in  my  present,  as  have  been  suggested  in  my 
former  communications  to  you. 

Various  temporary  laws  will  expire  during  the  present  session.  Among 
these,  that  which  regulates  trade  and  intercourse  with  the  Indian  tribes 
will  merit  particular  notice. 

The  results  of  your  common  deliberations  hitherto  will,  I  trust,  be 
productive  of  solid  and  durable  advantages  to  our  constituents,  such 
as,  by  conciliating  more  and  more  their  ultimate  suffrage,  will  tend  to 
strengthen  and  confirm  their  attachment  to  that  Constitution  of  Govern- 
ment upon  which,  under  Divine  Providence,  materially  depend  their 
union,  their  safety,  and  their  happiness. 

Still  further  to  promote  and  secure  these  inestimable  ends  there  is 
nothing  which  can  have  a  more  powerful  tendency  than  the  careful  culti- 
vation of  harmony,  combined  with  a  due  regard  to  stability,  in  the  public 
councils. 

G9  WASHINGTON. 
M  P — vol,  I — 9 


130  Messages  and  Papers  of  the  Presidents 

ADDRESS   OF  THE   SENATE  TO   GEORGE  WASHINGTON,    PRESIDENT 
OF  THE  UNITED  STATES. 

The  President  of  the  United  States  : 

Accept,  sir,  our  grateful  acknowledgments  for  your  address  at  the 
opening  of  the  present  session.  We  participate  with  you  in  the  satisfac- 
tion arising  from  the  continuance  of  the  general  prosperity  of  the  nation, 
but  it  is  not  without  the  most  sincere  concern  that  we  are  informed  that 
the  reiterated  efforts  which  have  been  made  to  establish  peace  with  the 
hostile  Indians  have  hitherto  failed  to  accomplish  that  desired  object. 
Hoping  that  the  measures  still  depending  may  prove  more  successful 
than  those  which  have  preceded  them,  we  shall  nevertheless  concur  in 
every  necessary  preparation  for  the  alternative,  and  should  the  Indians 
on  either  side  of  the  Ohio  persist  in  their  hostilities,  fidelity  to  the  Union, 
as  well  as  affection  for  our  fellow-citizens  on  the  frontiers,  will  insure  our 
decided  cooperation  in  every  measure  which  shall  be  deemed  requisite 
for  their  protection  and  safety. 

At  the  same  time  that  we  avow  the  obligation  of  the  Government  to 
afford  its  protection  to  every  part  of  the  Union,  we  can  not  refrain  from 
expressing  our  regret  that  even  a  small  portion  of  our  fellow-citizens  in 
any  quarter  of  it  should  have  combined  to  oppose  the  operation  of  the 
law  for  the  collection  of  duties  on  spirits  distilled  within  the  United 
States,  a  law  repeatedly  sanctioned  by  the  authority  of  the  nation,  and 
at  this  juncture  materially  connected  with  the  safety  and  protection  of 
those  who  oppose  it.  Should  the  means  already  adopted  fail  in  securing 
obedience  to  this  law,  such  further  measures  as  may  be  thought  necessary 
to  carry  the  same  into  complete  operation  can  not  fail  to  receive  the 
approbation  of  the  lyCgislature  and  the  support  of  every  patriotic  citizen. 

It  yields  us  particular  pleasure  to  learn  that  the  productiveness  of  the 
revenue  of  the  present  year  will  probably  supersede  the  necessity  of  any 
additional  tax  for  the  service  of  the  next. 

The  organization  of  the  government  of  the  State  of  Kentucky  being 
an  event  peculiarly  interesting  to  a  part  of  our  fellow-citizens  and  con- 
ducive to  the  general  order,  affords  us  particular  satisfaction. 

We  are  happy  to  learn  that  the  high  state  of  our  credit  abroad  has 
been  exanced  by  the  terms  on  which  the  new  loans  have  been  negotiated. 

In  the  course  of  the  session  we  shall  proceed  to  take  into  consideration 
the  several  objects  which  you  have  been  pleased  to  recommend  to  our 
attention,  and  keeping  in  view  the  importance  of  union  and  stability  in 
the  public  councils,  we  shall  labor  to  render  our  decisions  conducive  to 
the  safety  and  happiness  of  our  country. 

We  repeat  with  pleasure  our  assurances  of  confidence  in  your  Admin- 
istration and  our  ardent  wish  that  your  unabated  zeal  for  the  public 
good  may  be  rewarded  by  the  durable  prosperity  of  the  nation,  and  every 
ingredient  of  personal  happiness. 

JOHN  LANGDON, 

November  9,  1792.  President  pro  tempore. 


George  Washington  131 

REPLY  OF  THE  PRESIDENT. 

I  derive  much  pleasure,  gentlemen,  from  your  very  satisfactory  address. 
The  renewed  assurances  of  your  confidence  in  my  Administration  and  the 
expression  of  your  wish  for  my  personal  happiness  claim  and  receive  my 
particular  acknowledgments.  In  my  future  endeavor  for  the  public 
welfare,  to  which  my  duty  may  call  me,  I  shall  not  cease  to  count  upon 
the  firm,  enlightened,  and  patriotic  support  of  the  Senate. 

GO  WASHINGTON. 

November  9,  1792. 

address  of  the  house  of  representatives  to  george 
washington,  president  of  the  united  states. 

Sir:  The  House  of  Representatives,  who  always  feel  a  satisfaction  in 
meeting  you,  are  much  concerned  that  the  occasion  for  mutual  felicita- 
tion afforded  by  the  circumstances  favorable  to  the  national  prosperity 
should  be  abated  by  a  continuance  of  the  hostile  spirit  of  many  of  the 
Indian  tribes,  and  particularly  that  the  reiterated  efforts  for  effecting  a 
general  pacification  with  them  should  have  issued  in  new  proofs  of  their 
persevering  enmity  and  the  barbarous  sacrifice  of  citizens  who,  as  the 
messengers  of  peace,  were  distinguishing  themselves  by  their  zeal  for  the 
public  service.  In  our  deliberations  on  this  important  department  of  our 
affairs  we  shall  be  disposed  to  pursue  every  measure  that  may  be  dictated 
by  the  sincerest  desire,  on  one  hand,  of  cultivating  peace  and  manifest- 
ing by  every  practicable  regulation  our  benevolent  regard  for  the  welfare 
of  those  misguided  people,  and  by  the  duty  we  feel,  on  the  other,  to  pro- 
vide effectually  for  the  safety  and  protection  of  our  fellow-citizens. 

While  with  regret  we  learn  that  symptoms  of  opposition  to  the  law 
imposing  duties  on  spirits  distilled  within  the  United  States  have  mani- 
fested themselves,  we  reflect  with  consolation  that  they  are  confined  to 
a  small  portion  of  our  fellow-citizens.  It  is  not  more  essential  to  the 
preservation  of  true  liberty  that  a  government  should  be  always  ready 
to  listen  to  the  representations  of  its  constituents  and  to  accommodate 
its  measures  to  the  sentiments  and  wishes  of  every  part  of  them,  as  far  as 
will  consist  with  the  good  of  the  whole,  than  it  is  that  the  just  authority 
of  the  laws  should  be  steadfastly  maintained.  Under  this  impression 
every  department  of  the  Government  and  all  good  citizens  must  approve 
the  measures  you  have  taken  and  the  purpose  you  have  formed  to  exe- 
cute this  part  of  your  trust  with  firmness  and  energy;  and  be  assured, 
sir,  of  every  constitutional  aid  and  cooperation  which  may  become 
requisite  on  our  part.  And  we  hope  that,  while  the  progress  of  con- 
tentment under  the  law  in  question  is  as  obvious  as  it  is  rational,  no 
particular  part  of  the  community  may  be  permitted  to  withdraw  from  the 
general  burthens  of  the  country  by  a  conduct  as  irreconcilable  to  national 
justice  as  it  is  inconsistent  with  public  decency. 


132  Messages  and  Papers  of  the  Presidents 

The  productive  state  of  the  pubHc  revenue  and  the  confirmation  of 
the  credit  of  the  United  States  abroad,  evinced  by  the  loans  at  Antwerp 
and  Amsterdam,  are  communications  the  more  gratifying  as  they  enforce 
the  obHgation  to  enter  on  systematic  and  effectual  arrangements  for  dis- 
charging the  public  debt  as  fast  as  the  conditions  of  it  will  permit,  and 
we  take  pleasure  in  the  opportunity  to  assure  you  of  our  entire  concur- 
rence in  the  opinion  that  no  measure  can  be  more  desirable,  whether 
viewed  with  an  eye  to  the  urgent  wish  of  the  community  or  the  intrinsic 
importance  of  promoting  so  happy  a  change  in  our  situation. 

The  adoption  of  a  constitution  for  the  State  of  Kentucky  is  an  event 
on  which  we  join  in  all  the  satisfaction  you  have  expressed.  It  may  be 
considered  as  particularly  interesting  since,  besides  the  immediate  bene- 
fits resulting  from  it,  it  is  another  auspicious  demonstration  of  the  facility 
and  success  with  which  an  enlightened  people  is  capable  of  providing, 
by  free  and  deliberate  plans  of  government,  for  their  own  safety  and 
happiness. 

The  operation  of  the  law  establishing  the  post-office,  as  it  relates  to 
the  transmission  of  newspapers,  will  merit  our  particular  inquiry  and 
attention,  the  circulation  of  political  intelligence  through  these  vehicles 
being  justly  reckoned  among  the  surest  means  of  preventing  the  degen- 
eracy of  a  free  government,  as  well  as  of  recommending  every  salutary 
public  measure  to  the  confidence  and  cooperation  of  all  virtuous  citizens. 

The  several  other  matters  which  you  have  communicated  and  recom- 
mended will  in  their  order  receive  the  attention  due  to  them,  and  our 
discussions  will  in  all  cases,  we  trust,  be  guided  by  a  proper  respect  for 
harmony  and  stability  in  the  public  councils  and  a  desire  to  conciUate 
more  and  more  the  attachment  of  our  constituents  to  the  Constitution, 
by  measures  accommodated  to  the  true  ends  for  which  it  was  established. 

November  10,  1792. 

repivy  of  the  president. 

Gentlemen:  It  gives  me  pleasure  to  express  to  you  the  satisfaction 
which  your  address  affords  me.  I  feel,  as  I  ought,  the  approbation  you 
manifest  of  the  measures  I  have  taken  and  the  purpose  I  have  formed 
to  maintain,  pursuant  to  the  trust  reposed  in  me  by  the  Constitution,  the 
respect  which  is  due  to  the  laws,  and  the  assurance  which  you  at  the 
same  time  give  me  of  every  constitutional  aid  and  cooperation  that  may 
become  requisite  on  your  part. 

This  is  a  new  proof  of  that  enlightened  solicitude  for  the  establishment 
and  confirmation  of  public  order  which,  embracing  a  zealous  regard  for 
the  principles  of  true  liberty,  has  guided  the  deliberations  of  the  House 
of  Representatives,  a  perseverance  in  which  can  alone  secure,  under  the 
divine  blessing,  the  real  and  permanent  felicity  of  our  common  country. 

G9  WASHINGTON. 
November  12,  1792. 


George  Washington  133 

SPECIAL  MESSAGES. 

United  States,  November  7,  1792. 
Gentlemen  of  the  Senate  and  of  the  House  of  Representatives: 

In  pursuance  of  the  law,  I  now  lay  before  you  a  statement  of  the  admin- 
istration of  the  funds  appropriated  to  certain  foreign  purposes,  together 
with  a  letter  from  the  Secretary  of  State  explaining  the  same. 

I  also  lay  before  you  a  copy  of  a  letter  and  representation  from  the 
Chief  Justice  and  associate  judges  of  the  Supreme  Court  of  the  United 
States,  stating  the  difficulties  and  inconveniences  which  attend  the  dis- 
charge of  their  duties  according  to  the  present  judiciary  system, 

A  copy  of  a  letter  from  the  judges  attending  the  circuit  court  of  the 
United  States  for  the  North  Carolina  district  in  June  last,  containing 
their  observations  on  an  act,  passed  during  the  last  session  of  Congress, 
entitled  "An  act  to  provide  for  the  settlement  of  the  claims  of  widows 
and  orphans  barred  by  the  limitations  heretofore  established,  and  to 
regulate  the  claims  to  invalid  pensions;  "  and 

A  copy  of  the  constitution  formed  for  the  State  of  Kentucky. 

GO  WASHINGTON. 

United  States,  November  p,  iyp2. 
Gentlemen  of  the  Senate  and  of  the  House  of  Representatives: 

I  now  lay  before  you  a  letter  from  the  Secretary  of  State,  covering  the 
copy  of  one  from  the  governor  of  Virginia,  with  the  several  papers 
therein  referred  to,  on  the  subject  of  the  boundary  between  that  State 
and  the  territory  of  the  United  States  south  of  the  Ohio.  It  will  remain 
with  the  Legislature  to  take  such  measures  as  it  shall  think  best  for 
settling  the  said  boundary  with  that  State,  and  at  the  same  time,  if  it 
thinks  proper,  for  extending  the  settlement  to  the  State  of  Kentucky, 
between  which  and  the  same  territory  the  boundary  is  as  yet  unde- 
termined, 

GO  WASHINGTON, 

United  States,  November  22, 1792. 

Gentlemen  of  the  Senate  and  of  the  House  of  Representatives: 

I  send  you  herewith  the  abstract  of  a  supplementary  arrangement 

which  has  been  made  by  me,  pursuant  to  the  acts  of  the  3d  day  of  March, 

1 79 1,  and  the  8th  day  of  May,  1792,  for  raising  a  revenue  upon  foreign 

and  domestic  distilled  spirits,  in  respect  to  the  subdivisions  and  officers 

which  have  appeared  to  me  necessary  and  to  the  allowances  for  their 

respective  services  to  the  supervisors,  inspectors,  and  other  officers  of 

inspection,  together  with  the  estimates  of  the  amount  of  compensations 

and  charges, 

GO  WASHINGTON. 


134  Messages  and  Papers  of  the  Presidents 

United  States,  December  6,  1792. 
Gentlemen  of  the  Senate  and  of  the  House  0/  Representatives: 

The  several  measures  which  have  been  pursued  to  induce  the  hostile 
Indian  tribes  north  of  the  Ohio  to  enter  into  a  conference  or  treaty  with 
the  United  States  at  which  all  causes  of  difference  might  be  fully  under- 
stood and  justly  and  amicably  arranged  have  already  been  submitted  to 
both  Houses  of  Congress. 

The  papers  herewith  sent  will  inform  you  of  the  result. 

GO  WASHINGTON, 

United  States,  December  7,  1792. 
Gentlemen  of  the  Senate  and  of  the  House  of  Represe7itatives: 

I  lay  before  you  two  letters,  with  their  inclosures,  from  the  governor 
of  the  Southwestern  territory,  and  an  extract  of  a  letter  to  him  from 
the  Department  of  War. 

These  and  a  letter  of  the  9th  of  October  last,  which  has  been  already 
communicated  to  you,  from  the  same  Department  to  the  governor,  will 
shew  in  what  manner  the  first  section  of  the  act  of  the  last  session  which 
provides  for  calling  out  the  militia  for  the  repelling  of  Indian  invasions 
has  been  executed.  It  remains  to  be  considered  by  Congress  whether 
in  the  present  situation  of  the  United  States  it  be  advisable  or  not  to 
pursue  any  further  or  other  measures  than  those  which  have  been  already 
adopted.  The  nature  of  the  subject  does  of  itself  call  for  your  immediate 
attention  to  it,  and  I  must  add  that  upon  the  result  of  j'our  delibera- 
tions the  future  conduct  of  the  Executive  will  on  this  occasion  materially 
depend. 

GO  WASHINGTON, 

United  States,  fanuary  2j,  1793. 
Gentlemen  of  the  Senate  and  of  the  House  of  Representatives: 

Since  my  last  communication  to  you  on  the  subject  of  the  revenue  on 
distilled  spirits  it  has  been  found  necessary,  on  experience,  to  revise  and 
amend  the  arrangements  relative  thereto  in  regard  to  certain  surveys 
and  the  ofl&cers  thereof  in  the  district  of  North  Carolina,  which  I  have 
done  accordingly  in  the  manner  following: 

First.  The  several  counties  of  the  said  district  originally  and  hereto- 
fore contained  within  the  first,  second,  and  third  surveys  have  been 
allotted  into  and  are  now  contained  in  two  surveys,  one  of  which  (to 
be  hereafter  denominated  the  first)  comprehends  the  town  of  Wilming- 
ton and  the  counties  of  Onslow,  New  Hanover,  Brunswick,  Robertson, 
Sampson,  Craven,  Jones,  Lenox,  Glascow,  Johnston,  and  Wayne,  and  the 
other  of  which  (to  be  hereafter  denominated  the  second)  comprehends 
the  counties  of  Kurrituck,  Camden,  Pasquotank,  Perquimans,  Chowan, 
Gates,  Hartford,  Tyrrel,  Bertie,  Carteret,  Hyde,  Beaufort,  and  Pitt. 


George  Washington  135 

Secondly.  The  several  counties  of  the  said  district  originally  and  here- 
tofore contained  within  the  fifth  survey  of  the  district  aforesaid  has  been 
allotted  into  and  is  contained  in  two  surveys,  one  of  which  (to  be  here- 
after denominated  the  third)  comprehends  the  counties  of  Mecklenburg, 
Rowan,  Iredell,  Montgomery,  Guilford,  Rockingham,  Stokes,  and  Surrey, 
and  the  other  of  which  (to  be  hereafter  denominated  the  fifth)  compre- 
hends the  counties  of  Lincoln,  Rutherford,  Burke,  Buncombe,  and  Wilkes. 

Thirdly.  The  duties  of  the  inspector  of  the  revenue  in  and  for  the 
third  sur\'ey  as  constituted  above  is  to  be  performed  for  the  present  by 
the  supervisor. 

Fourthly.  The  compensations  of  the  inspector  of  the  revenue  for  the 
first  survey  as  above  constituted  are  to  be  a  salary  of  $250  per  annum 
and  commissions  and  other  emoluments  similar  to  those  heretofore 
allowed  to  the  inspector  of  the  late  first  survey  as  it  was  originally 
constituted. 

Fifthly.  The  compensations  of  the  inspector  of  the  revenue  for  the 
second  survey  as  above  constituted  are  to  be  a  salary  of  $100  per  annum 
and  the  commissions  and  other  emoluments  heretofore  allowed  to  the 
inspector  of  the  late  third  survey  as  it  was  originally  constituted. 

Sixthly.  The  compensations  of  the  inspector  of  the  revenue  for  the 
fifth  survey  as  above  constituted  are  to  be  a  salary  of  $120  per  annum 
and  the  commissions  and  other  emoluments  similar  to  those  heretofore 
allowed  to  the  inspector  of  the  late  fifth  survey  as  it  was  originally 
constituted. 

GO  WASHINGTON. 

United  States,  Jamcary  25,  1793. 
Gentlemen  of  the  Senate  and  of  the  House  of  Representatives: 

I  lay  before  you  an  ofiicial  statement  of  the  expenditure  to  the  j^ear 
1792  from  the  sum  of  $10,000,  granted  to  defray  the  contingent  expenses 
of  Government  by  an  act  passed  on  the  26th  of  March,  1790. 

Also  an  abstract  of  a  supplementary  arrangement  made  in  the  district 
of  North  Carolina  in  regard  to  certain  sur\^eys  to  facilitate  the  execu- 
tion of  the  law  laying  a  duty  on  distilled  spirits. 

G9  WASHINGTON. 

United  States,  February  zj,  1793. 
Gentlemen  of  the  Senate: 

I  lay  before  you  for  your  consideration  and  advice  a  treaty  of  peace 
and  friendship  made  and  concluded  on  the  27th  day  of  September,  1792, 
by  Brigadier- General  Rufus  Putnam,  in  behalf  of  the  United  States, 
with  the  Wabash  and  Illinois  tribes  of  Indians,  and  also  the  proceedings 
attending  the  said  treaty,  the  explanation  of  the  fourth  article  thereof, 
and  a  map  explanatory  of  the  reservation  to  the  French  inhabitants  and 
the  general  claim  of  the  said  Indians. 


136  Messages  and  Papers  of  the  Presidents 

lu  connection  with  this  subject  I  also  lay  before  the  Senate  the  copy 
of  a  paper  which  has  been  delivered  by  a  man  by  the  name  of  John  Bap- 
tiste  Mayee,  who  has  accompanied  the  Wabash  Indians  at  present  in  this 
city. 

It  will  appear  by  the  certificate  of  Brigadier-General  Putnam  that  the 
Wabash  Indians  disclaimed  the  validity  of  the  said  paper,  excepting  a 
certain  tract  upon  the  Wabash,  as  mentioned  in  the  proceedings. 

The  instructions  to  Brigadier-General  Putnam  of  the  22d  of  May, 
together  with  a  letter  to  him  of  the  7th  of  August,  1792,  were  laid  before 
the  Senate  on  the  7th  of  November,  1792. 

After  the  Senate  shall  have  considered  this  treaty,  I  request  that  they 
would  give  me  their  advice  whether  the  same  shall  be  ratified  and  con- 
firmed ;  and  if  to  be  ratified  and  confirmed,  whether  it  would  not  be 
proper,  in  order  to  prevent  any  misconception  hereafter  of  the  fourth 
article,  to  guard  in  the  ratification  the  exclusive  preemption  of  the 
United  States  to  the  lands  of  the  said  Indians. 

GO  WASHINGTON. 


United  States,  February  18,  1793. 
Gentlemen  of  the  Senate  and  of  the  House  of  Representatives: 

I  now  la}-  before  you  a  report  and  plat  of  the  territory  of  the  United 
States  on  the  Potomac  as  given  in  by  the  commissioners  of  that  territory, 
together  with  a  letter  from  the  Secretary  of  State  which  accompanied 
them.  These  papers,  being  original,  are  to  be  again  deposited  with  the 
records  of  the  Department  of  State  after  having  answered  the  purpose  of 
your  information. 

G9  WASHINGTON. 


United  States,  February  ip,  1793. 
Gentlemen  of  the  House  of  Representatives: 

It  has  been  agreed  on  the  part  of  the  United  States  that  a  treaty  or 
conference  shall  be  held  at  the  ensuing  season  with  the  hostile  Indians 
northwest  of  the  Ohio,  in  order  to  remove,  if  possible,  all  causes  of  differ- 
ence and  to  establish  a  solid  peace  with  them. 

As  the  estimates  heretofore  presented  to  the  House  for  the  current 
year  did  not  contemplate  this  object,  it  will  be  proper  that  an  express 
provision  be  made  by  law  as  well  for  the  general  expenses  of  the  treaty 
as  to  establish  the  compensation  to  be  allowed  the  commissioners  who 
shall  be  appointed  for  the  purpose. 

I  shall  therefore  direct  the  Secretary  of  War  to  lay  before  you  an 
estimate  of  the  expenses  which  may  probably  attend  this  measure. 

G9  WASHINGTON. 


George  Washington  137 

United  States,  February  2y,  1793. 
Gentlemen  of  the  Senate  and  of  the  House  of  Representatives: 

I  lay  before  you  a  copy  of  an  exemplification  of  an  act  of  the  legislature 
of  New  York  ceding  to  the  United  States  the  jurisdiction  of  certain  lands 
on  Montauk  Point  for  the  purpose  mentioned  in  said  act,  and  the  copy 
of  a  letter  from  the  governor  of  New  York  to  the  Secretary  of  State, 
which  accompanied  said  exemplification. 

GO  WASHINGTON. 


United  States,  February  28,  1793. 
Gentleme7i  of  the  Senate: 

I  was  led  by  a  consideration  of  the  qualifications  of  William  Patterson, 

of  New  Jersey,  to  nominate  him  an  associate  justice  of  the  Supreme 

Court  of  the  United  States.     It  has  since  occurred  that  he  was  a  member 

of  the  Senate  when  the  law  creating  that  office  was  passed,  and  that  the 

time  for  which  he  was  elected  is  not  yet  expired.     I  think  it  my  duty, 

therefore,  to  declare  that  I  deem  the  nomination  to  have  been  null  by 

the  Constitution. 

GO  WASHINGTON. 


PROCLAMATIONS. 

[From  Freneau's  National  Gazette  of  December  15,  1792.] 

By  the  President  of  the  United  States. 

Whereas  I  have  received  authentic  information  that  certain  lawless 
and  wicked  persons  of  the  western  frontier  in  the  State  of  Georgia  did 
lately  invade,  burn,  and  destroy  a  town  belonging  to  the  Cherokee  Nation, 
although  in  amity  with  the  United  States,  and  put  to  death  several 
Indians  of  that  nation;  and 

Whereas  such  outrageous  conduct  not  only  violates  the  rights  of 
humanity,  but  also  endangers  the  public  peace,  and  it  highly  becomes 
the  honor  and  good  faith  of  the  United  States  to  pursue  all  legal  means 
for  the  punishment  of  those  atrocious  offenders: 

I  have  therefore  thought  fit  to  issue  this  my  proclamation,  hereby 
exhorting  all  the  citizens  of  the  United  States  and  requiring  all  the 
officers  thereof,  according  to  their  respective  stations,  to  use  their  utmost 
endeavors  to  apprehend  and  bring  those  offenders  to  justice.  And  I  do 
moreover  offer  a  reward  of  $500  for  each  and  every  of  the  above-named 
persons  who  shall  be  so  apprehended  and  brought  to  justice  and  shall  be 
proved  to  have  assumed  or  exercised  any  command  or  authority  among 
the  perpetrators  of  the  crimes  aforesaid  at  the  time  of  committing  the 
same. 


138  Messages  and  Papers  of  the  Presidents 

In  testimony  whereof  I  have  caused  the  seal  of  the  United  States  to 

be  affixed  to  these  presents,  and  signed  the  same  with  my  hand. 

P  -1  Done  at  the  city  of  Philadelphia,  the  12th  day  of  December, 

A.  D.  1792,  and  of  the  Independence  of  the  United  States  the 

seventeenth.  G9  WASHINGTON. 

By  the  President: 

Th:  Jefferson. 

[From  Annals  of  Congress,  Second  Congress,  666.] 

March  i,  1793. 
The  President  of  the  United  States  to  the  President  of  the  Senate: 

Certain  matters  touching  the  public  good  requiring  that  the  Senate 
shall  be  convened  on  Monday,  the  4th  instant,  I  have  desired  their 
attendance,  as  I  do  yours,  by  these  presents,  at  the  Senate  Chamber,  in 
Philadelphia,  on  that  day,  then  and  there  to  receive  and  deliberate  on 
such  communications  as  shall  be  made  to  you  on  my  part. 

GQ  WASHINGTON. 


SECOND  INAUGURAL  ADDRESS. 

IN  THE  CITY  OF  PHILADELPHIA,  PA. 

Fellow-Citizens:  I  am  again  called  upon  by  the  voice  of  my  country 
to  execute  the  functions  of  its  Chief  Magistrate.  When  the  occasion 
proper  for  it  shall  arrive,  I  shall  endeavor  to  express  the  high  sense  I 
entertain  of  this  distinguished  honor,  and  of  the  confidence  which  has 
been  reposed  in  me  by  the  people  of  united  America. 

Previous  to  the  execution  of  any  official  act  of  the  President  the  Con- 
stitution requires  an  oath  of  office.  This  oath  I  am  now  about  to  take,  and 
in  your  presence :  That  if  it  shall  be  found  during  my  administration  of 
the  Government  I  have  in  any  instance  violated  willingly  or  knowingly 
the  injunctions  thereof,  I  may  (besides  incurring  constitutional  punish- 
ment) be  subject  to  the  upbrai dings  of  all  who  are  now  witnesses  of  the 
present  solemn  ceremony. 

March  4,  1793. 


FIFTH   ANNUAL   ADDRESS, 

Philadelphia,  December  j,  1793. 
Fellow- Citizens  of  the  Senate  and  of  the  House  of  Representatives: 

Since  the  commencement  of  the  term  for  which  I  have  been  again 
called  into  office  no  fit  occasion  has  arisen  for  expressing  to  my  fellow- 
citizens  at  large  the  deep  and  respectful  sense  which  I  feel  of  the  renewed 


George  Washington  139 

testimony  of  public  approbation.  While  on  the  one  hand  it  awakened 
my  gratitude  for  all  those  instances  of  affectionate  partiality  with  which 
I  have  been  honored  by  my  country,  on  the  other  it  could  not  prevent 
an  earnest  wish  for  that  retirement  from  which  no  private  consideration 
should  ever  have  torn  me.  But  influenced  by  the  belief  that  my  conduct 
would  be  estimated  according  to  its  real  motives,  and.  that  the  people, 
and  the  authorities  derived  from  them,  would  support  exertions  having 
nothing  personal  for  their  object,  I  have  obeyed  the  suffrage  which  com- 
manded me  to  resume  the  Executive  power,  and  I  humbly  implore  that 
Being  on  whose  will  the  fate  of  nations  depends  to  crown  with  success 
our  mutual  endeavors  for  the  general  happiness. 

As  soon  as  the  war  in  Europe  had  embraced  those  powers  with  whom 
the  United  States  have  the  most  extensive  relations  there  was  reason  to 
apprehend  that  our  intercourse  with  them  might  be  interrupted  and  our 
disposition  for  peace  drawn  into  question  by  the  suspicions  too  often 
entertained  by  belligerent  nations.  It  seemed,  therefore,  to  be  my  duty 
to  admonish  our  citizens  of  the  consequences  of  a  contraband  trade  and 
of  hostile  acts  to  any  of  the  parties,  and  to  obtain  by  a  declaration  of 
the  existing  legal  state  of  things  an  easier  admission  of  our  right  to 
the  immunities  belonging  to  our  situation.  Under  these  impressions 
the  proclamation  which  will  be  laid  before  you  was  issued. 

In  this  posture  of  affairs,  both  new  and  delicate,  I  resolved  to  adopt 
general  rules  which  should  conform  to  the  treaties  and  assert  the  privi- 
leges of  the  United  States.  These  were  reduced  into  a  system,  which 
wall  be  communicated  to  you.  Although  I  have  not  thought  myself  at 
liberty  to  forbid  the  sale  of  the  prizes  permitted  by  our  treaty  of  com- 
merce with  France  to  be  brought  into  our  ports,  I  have  not  refused  to 
cause  them  to  be  restored  when  they  were  taken  within  the  protection 
of  our  territory,  or  by  vessels  commissioned  or  equipped  in  a  warlike 
form  within  the  limits  of  the  United  States. 

It  rests  wdth  the  wisdom  of  Congress  to  correct,  improve,  or  enforce 
this  plan  of  procedure;  and  it  will  probably  be  found  expedient  to  extend 
the  legal  code  and  the  jurisdiction  of  the  courts  of  the  United  States  to 
many  cases  which,  though  dependent  on  principles  already  recognized, 
demand  some  further  provisions. 

Where  individuals  shall,  within  the  United  States,  array  themselves  in 
hostility  against  any  of  the  powers  at  war,  or  enter  upon  military  expedi- 
tions or  enterprises  within  the  jurisdiction  of  the  United  States,  or  usurp 
and  exercise  judicial  authority  within  the  United  States,  or  where  the 
penalties  on  violations  of  the  law  of  nations  may  have  been  indistinctly 
marked,  or  are  inadequate; — these  offenses  can  not  receive  too  early  and 
close  an  attention,  and  require  prompt  and  decisive  remedies. 

Whatsoever  those  remedies  may  be,  they  will  be  well  administered 
by  the  judiciary,  who  possess  a  long-established  course  of  investigation, 
effectual  process,  and  officers  in  the  habit  of  executing  it. 


140  Messages  and  Papers  of  the  Presidents 

In  like  manner,  as  several  of  the  courts  have  doubted,  under  particular 
circumstances,  their  power  to  liberate  the  vessels  of  a  nation  at  peace, 
and  even  of  a  citizen  of  the  United  States,  although  seized  under  a  false 
color  of  being  hostile  property,  and  have  denied  their  power  to  liberate 
certain  captures  within  the  protection  of  our  territory,  it  would  seem 
proper  to  regulate  their  jurisdiction  in  these  points.  But  if  the  Executive 
is  to  be  the  resort  in  either  of  the  two  last-mentioned  cases,  it  is  hoped 
that  he  will  be  authorized  by  law  to  have  facts  ascertained  by  the  courts 
when  for  his  own  information  he  shall  request  it. 

I  can  not  recommend  to  your  notice  measures  for  the  fulfillment  of  our 
duties  to  the  rest  of  the  world  without  again  pressing  upon  you  the 
necessity  of  placing  ourselves  in  a  condition  of  complete  defense  and  of 
exacting  from  them  the  fulfillment  of  their  duties  toward  us.  The  United 
States  ought  not  to  indulge  a  persuasion  that,  contrary  to  the  order  of 
human  events,  they  will  forever  keep  at  a  distance  those  painful  appeals 
to  arms  with  which  the  history  of  every  other  nation  abounds.  There  is 
a  rank  due  to  the  United  States  among  nations  which  will  be  withheld, 
if  not  absolutely  lost,  by  the  reputation  of  weakness.  If  we  desire  to 
avoid  insult,  we  must  be  able  to  repel  it ;  if  we  desire  to  secure  peace, 
one  of  the  most  powerful  instruments  of  our  rising  prosperity,  it  must 
be  known  that  we  are  at  all  times  ready  for  war.  The  documents  which 
will  be  presented  to  you  will  shew  the  amount  and  kinds  of  arms  and 
military  stores  now  in  our  magazines  and  arsenals ;  and  yet  an  addition 
even  to  these  supplies  can  not  with  prudence  be  neglected,  as  it  would 
leave  nothing  to  the  uncertainty  of  procuring  of  warlike  apparatus  in 
the  moment  of  public  danger. 

Nor  can  such  arrangements,  with  such  objects,  be  exposed  to  the  cen- 
sure or  jealousy  of  the  warmest  friends  of  republican  government.  They 
are  incapable  of  abuse  in  the  hands  of  the  militia,  who  ought  to  possess 
a  pride  in  being  the  depository  of  the  force  of  the  Republic,  and  may 
be  trained  to  a  degree  of  energy  equal  to  every  military  exigency  of  the 
United  States.  But  it  is  an  inquiry  which  can  not  be  too  solemnly 
pursued,  whether  the  act  "more  effectually  to  provide  for  the  national 
defense  by  establishing  an  uniform  militia  throughout  the  United  States ' ' 
has  organized  them  so  as  to  produce  their  full  effect ;  whether  your  own 
experience  in  the  several  States  has  not  detected  some  imperfections 
in  the  scheme,  and  whether  a  material  feature  in  an  improvement  of 
it  ought  not  to  be  to  afford  an  opportunity  for  the  study  of  those 
branches  of  the  military  art  which  can  scarcely  ever  be  attained  by  prac- 
tice alone. 

The  connection  of  the  United  States  with  Europe  has  become  extremely 
interesting.  The  occurrences  which  relate  to  it  and  have  passed  under 
the  knowledge  of  the  Executive  will  be  exhibited  to  Congress  in  a  sub- 
sequent communication. 

When  we  contemplate  the  war  on  our  frontiers,  it  may  be  truly  affirmed 


George  Washington  141 

that  every  reasonable  effort  has  been  made  to  adjust  the  causes  of  dissen- 
sion with  the  Indians  north  of  the  Ohio.  The  instructions  given  to  the 
commissioners  evince  a  moderation  and  equity  proceeding  from  a  sincere 
love  of  peace,  and  a  liberality  having  no  restriction  but  the  essential  inter- 
ests and  dignity  of  the  United  States.  The  attempt,  however,  of  an  ami- 
cable negotiation  having  been  frustrated,  the  troops  have  marched  to  act 
offensively.  Although  the  proposed  treaty  did  not  arrest  the  progress 
of  mihtary  preparation,  it  is  doubtful  how  far  the  advance  of  the  season, 
before  good  faith  justified  active  movements,  may  retard  them  during  the 
remainder  of  the  year.  From  the  papers  and  intelligence  which  relate 
to  this  important  subject  you  will  determine  whether  the  deficiency  in 
the  number  of  troops  granted  by  law  shall  be  compensated  by  succors  of 
militia,  or  additional  encouragements  shall  be  proposed  to  recruits. 

An  anxiety  has  been  also  demonstrated  by  the  Executive  for  peace 
with  the  Creeks  and  the  Cherokees.  The  former  have  been  relieved  with 
corn  and  with  clothing,  and  offensive  measures  against  them  prohibited 
during  the  recess  of  Congress.  To  satisfy  the  complaints  of  the  latter, 
prosecutions  have  been  instituted  for  the  violences  committed  upon  them. 
But  the  papers  which  will  be  delivered  to  you  disclose  the  critical  footing 
on  which  we  stand  in  regard  to  both  those  tribes,  and  it  is  with  Congress 
to  pronounce  what  shall  be  done. 

After  they  shall  have  provided  for  the  present  emergency,  it  will  merit 
their  most  serious  labors  to  render  tranquillity  with  the  savages  permanent 
by  creating  ties  of  interest.  Next  to  a  rigorous  execution  of  justice  on 
the  violators  of  peace,  the  establishment  of  commerce  with  the  Indian 
nations  in  behalf  of  the  United  States  is  most  likely  to  conciliate  their 
attachment.  But  it  ought  to  be  conducted  without  fraud,  without  extor- 
tion, with  constant  and  plentiful  supplies,  with  a  ready  market  for  the 
commodities  of  the  Indians  and  a  stated  price  for  what  they  give  in 
payment  and  receive  in  exchange.  Individuals  will  not  pursue  such 
a  traffic  unless  they  be  allured  by  the  hope  of  profit;  but  it  will  be 
enough  for  the  United  States  to  be  reimbursed  only.  Should  this  rec- 
ommendation accord  with  the  opinion  of  Congress,  they  will  recollect 
that  it  can  not  be  accomplished  by  any  means  yet  in  the  hands  of  the 
Executive. 

Gentlemen  of  the  House  of  Representatives: 

The  commissioners  charged  with  the  settlement  of  accounts  between 
the  United  States  and  individual  States  concluded  their  important  func- 
tions within  the  time  limited  by  law,  and  the  balances  struck  in  their 
report,  which  will  be  laid  before  Congress,  have  been  placed  on  the  books 
of  the  Treasury. 

On  the  ist  day  of  June  last  an  installment  of  1,000,000  florins  became 
payable  on  the  loans  of  the  United  States  in  Holland.  This  was  adjusted 
by  a  prolongation  of  the  period  of  reimbursement  in  nature  of  a  new 


142  Messages  and  Papers  of  the  Presidents 

loan  at  an  interest  of  5  per  cent  for  the  term  of  ten  years,  and  the 
expenses  of  this  operation  were  a  commission  of  3  per  cent. 

The  first  installment  of  the  loan  of  $2,000,000  from  the  Bank  of  the 
United  States  has  been  paid,  as  was  directed  by  law.  For  the  second  it 
is  necessarj'  that  provision  should  be  made. 

No  pecuniar}^  consideration  is  more  urgent  than  the  regular  redemption 
and  discharge  of  the  public  debt.  On  none  can  delay  be  more  injurious 
or  an  economy  of  time  more  valuable. 

The  productiveness  of  the  public  revenues  hitherto  has  continued  to 
equal  the  anticipations  which  were  formed  of  it,  but  it  is  not  expected 
to  prove  commensurate  with  all  the  objects  which  have  been  suggested. 
Some  auxiliary  provisions  will  therefore,  it  is  presumed,  be  requisite, 
and  it  is  hoped  that  these  may  be  made  consistently  with  a  due  regard  to 
the  convenience  of  our  citizens,  who  can  not  but  be  sensible  of  the  true 
wisdom  of  encountering  a  small  present  addition  to  their  contributions 
to  obviate  a  future  accumulation  of  burthens. 

But  here  I  can  not  forbear  to  recommend  a  repeal  of  the  tax  on  the 
transportation  of  public  prints.  There  is  no  resource  so  firm  for  the 
Government  of  the  United  States  as  the  affections  of  the  people,  guided 
by  an  enlightened  policy  ;  and  to  this  primary  good  nothing  can  conduce 
more  than  a  faithful  representation  of  public  proceedings,  diffused  without 
restraint  throughout  the  United  States. 

An  estimate  of  the  appropriations  necessary  for  the  current  service  of 
the  ensuing  year  and  a  statement  of  a  purchase  of  arms  and  military 
stores  made  during  the  recess  will  be  presented  to  Congress. 

Gentlemen  of  the  Senate  and  of  the  House  of  Representatives: 

The  several  subjects  to  which  I  have  now  referred  open  a  wide  range 
to  your  deliberations  and  involve  some  of  the  choicest  interests  of  otur 
common  country.  Permit  me  to  bring  to  your  remembrance  the  magni- 
tude of  your  task.  Without  an  unprejudiced  coolness  the  welfare  of  the 
Government  may  be  hazarded  ;  without  harmony  as  far  as  consists  with 
freedom  of  sentiment  its  dignity  may  be  lost.  But  as  the  legislative 
proceedings  of  the  United  States  will  never,  I  trust,  be  reproached  for 
the  want  of  temper  or  of  candor,  so  shall  not  the  public  happiness  languish 
from  the  want  of  my  strenuous  and  warmest  cooperation. 

GO  WASHINGTON. 

ADDRESS    OF   THE    SENATE  TO   GEORGE   WASHINGTON,  PRESIDENT 
OF  THE  UNITED  STATES. 

The  President  of  the  United  States: 

Accept,  sir,  the  thanks  of  the  Senate  for  your  speech  deHvered  to  both 
Houses  of  Congress  at  the  opening  of  the  session.  Your  reelection  to  the 
Chief  Magistracy  of  the  United  States  gives  us  sincere  pleasure.     We 


George  Washington  143 

consider  it  as  an  event  every  way  propitious  to  the  happiness  of  our 
country,  and  your  compliance  with  the  call  as  a  fresh  instance  of  the 
patriotism  which  has  so  repeatedly  led  you  to  sacrifice  private  inchnation 
to  the  public  good.  In  the  unanimity  which  a  second  time  marks  this 
important  national  act  we  trace  with  particular  satisfaction,  besides  the 
distinguished  tribute  paid  to  the  virtues  and  abilities  which  it  recog- 
nizes, another  proof  of  that  just  discernment  and  constancy  of  sentiments 
and  views  which  have  hitherto  characterized  the  citizens  of  the  United 
States. 

As  the  European  powers  with  whom  the  United  States  have  the  most 
extensive  relations  were  involved  in  war,  in  which  we  had  taken  no 
part,  it  seemed  necessar>'  that  the  disposition  of  the  nation  for  peace 
should  be  promulgated  to  the  world,  as  well  for  the  purpose  of  admon- 
ishing our  citizens  of  the  consequences  of  a  contraband  trade  and  of  acts 
hostile  to  any  of  the  belHgerent  parties  as  to  obtain  by  a  declaration  of 
the  existing  legal  state  of  things  an  easier  admission  of  our  right  to  the 
immunities  of  our  situation.  We  therefore  contemplate  with  pleasure  the 
proclamation  by  you  issued,  and  give  it  our  hearty  approbation.  We 
deem  it  a  measure  well  timed  and  wise,  manifesting  a  watchful  solicitude 
for  the  welfare  of  the  nation  and  calculated  to  promote  it. 

The  several  important  matters  presented  to  our  consideration  will,  in 
the  course  of  the  session,  engage  all  the  attention  to  which  they  are 
respectively  entitled,  and  as  the  public  happiness  will  be  the  sole  guide 
of  our  deliberations,  we  are  perfectly  assured  of  receiving  your  strenuous 
and  most  zealous  cooperation. 

JOHN  ADAMS, 
Vice-President  of  the  United  States  and  President  of  the  Senate. 

Dbcembkr  9,  1793. 

REPLY  OF  THE  PRESIDENT. 

Gentlemen:  The  pleasure  expressed  by  the  Senate  on  my  reelection 
to  the  station  which  I  fill  commands  my  sincere  and  warmest  acknowl- 
edgments. If  this  be  an  event  which  promises  the  smallest  addition  to 
the  happiness  of  our  country,  as  it  is  my  duty  so  shall  it  be  my  study 
to  realize  the  expectation. 

The  decided  approbation  which  the  proclamation  now  receives  from 
your  House,  by  completing  the  proofs  that  this  measure  is  considered  as 
manifesting  a  vigilant  attention  to  the  welfare  of  the  United  States, 
brings  with  it  a  peculiar  gratification  to  my  mind. 

The  other  important  subjects  which  have  been  communicated  to  you 
will,  I  am  confident,  receive  a  due  discussion,  and  the  result  will,  I  trust, 
prove  fortunate  to  the  United  States. 

G9  WASHINGTON. 

December  10,  1793. 


144  Messages  and  Papers  of  the  Presidents 

ADDRESS  OF  THE  HOUSE  OF  REPRESENTATIVES  TO  GEORGE 
WASHINGTON,  PRESIDENT  OF  THE  UNITED  STATES. 

Sir:  The  Representatives  of  the  people  of  the  United  States,  in  meet- 
ing you  for  the  first  time  since  you  have  been  again  called  by  an  unani- 
mous suffrage  to  your  present  station,  find  an  occasion  which  they  embrace 
with  no  less  sincerity  than  promptitude  for  expressing  to  you  their  con- 
gratulations on  so  distinguished  a  testimony  of  public  approbation,  and 
their  entire  confidence  in  the  ptuity  and  patriotism  of  the  motives  which 
have  produced  this  obedience  to  the  voice  of  your  cotmtry.  It  is  to 
virtues  which  have  commanded  long  and  universal  reverence  and  serv- 
ices from  which  have  flowed  great  and  lasting  benefits  that  the  tribute 
of  praise  may  be  paid  without  the  reproach  of  flattery,  and  it  is  from 
the  same  sources  that  the  fairest  anticipations  may  be  derived  in  favor 
of  the  public  happiness. 

The  United  States  having  taken  no  part  in  the  war  which  had  em- 
braced in  Europe  the  powers  with  whom  they  have  the  most  extensive 
relations,  the  maintenance  of  peace  was  justly  to  be  regarded  as  one  of  the 
most  important  duties  of  the  Magistrate  charged  with  the  faithful  execu- 
tion of  the  laws.  We  accordingly  witness  with  approbation  and  pleasure 
the  vigilance  with  which  you  have  guarded  against  an  interruption  of  that 
blessing  by  your  proclamation  admonishing  our  citizens  of  the  conse- 
quences of  illicit  or  hostile  acts  toward  the  belligerent  parties,  and  pro- 
moting by  a  declaration  of  the  existing  legal  state  of  things  an  easier 
admission  of  our  right  to  the  immunities  belonging  to  our  situation. 

The  connection  of  the  United  States  with  Europe  has  evidently  become 
extremely  interesting.  The  communications  which  remain  to  be  exhib- 
ited to  us  will  no  doubt  assist  in  giving  us  a  fuller  view  of  the  subject 
and  in  guiding  our  deliberations  to  such  results  as  may  comport  with 
the  rights  and  true  interests  of  our  country. 

We  learn  with  deep  regret  that  the  measures,  dictated  by  love  of  peace, 
for  obtaining  an  amicable  termination  of  the  afflicting  war  on  our  frontiers 
have  been  frustrated,  and  that  a  resort  to  offensive  measures  should  have 
again  become  necessary.  As  the  latter,  however,  must  be  rendered  more 
satisfactory  in  proportion  to  the  solicitude  for  peace  manifested  by  the 
former,  it  is  to  be  hoped  they  will  be  pursued  under  the  better  auspices 
on  that  account,  and  be  finally  crowned  with  more  happy  success. 

In  relation  to  the  particular  tribes  of  Indians  against  whom  offensive 
measures  have  been  prohibited,  as  well  as  on  all  the  other  important 
subjects  which  you  have  presented  to  our  view,  we  shall  bestow  the 
attention  which  they  claim.  We  can  not,  however,  refrain  at  this  time 
from  particularly  expressing  our  concurrence  in  yotur  anxiety  for  the 
regular  discharge  of  the  public  debts  as  fast  as  circumstances  and  events 
will  permit  and  in  the  policy  of  removing  any  impediments  that  may 
be  found  in  the  way  of  a  faithful  representation  of  public  proceedings 


George  Washington  145 

throughout  the  United  States,  being  persuaded  with  you  that  on  no  sub- 
ject more  than  the  former  can  delay  be  more  injurious  or  an  economy  of 
time  more  valuable,  and  that  with  respect  to  the  latter  no  resource  is 
so  firm  for  the  Government  of  the  United  States  as  the  affections  of  the 
people,  guided  by  an  enlightened  policy. 

Throughout  our  deliberations  we  shall  endeavor  to  cherish  every  senti- 
ment which  may  contribute  to  render  them  conducive  to  the  dignity  as 
well  as  to  the  welfare  of  the  United  States ;  and  we  join  with  you  in 
imploring  that  Being  on  whose  will  the  fate  of  nations  depends  to  crown 
with  success  our  mutual  endeavors. 

Dbcsmber  6,  1793. 

REPLY  OF  THE  PRESIDENT. 

Gentlemen:  I  shall  not  affect  to  conceal  the  cordial  satisfaction 
which  I  derive  from  the  address  of  the  House  of  Representatives. 
Whatsoever  those  services  may  be  which  you  have  sanctioned  by  your 
favor,  it  is  a  sufficient  reward  that  they  have  been  accepted  as  they  were 
meant.  For  the  fulfillment  of  your  anticipations  of  the  future  I  can 
give  no  other  assurance  than  that  the  motives  which  you  approve  shall 
continue  unchanged. 

It  is  truly  gratifying  to  me  to  learn  that  the  proclamation  has  been 
considered  as  a  seasonable  guard  against  the  interruption  of  the  pubhc 
peace.  Nor  can  I  doubt  that  the  subjects  which  I  have  recommended 
to  your  attention  as  depending  on  legislative  provisions  will  receive  a 
discussion  suited  to  their  importance.  With  every  reason,  then,  it  may 
be  expected  that  your  deliberations,  under  the  divine  blessing,  will  be 
matured  to  the  honor  and  happiness  of  the  United  States. 

GO  WASHINGTON. 
December  7,  1793. 


SPECIAL  MESSAGES. 

United  States,  December  5,  1^93. 
Gentlemen  of  the  Senate  and  of  the  House  of  Representatives: 

As  the  present  situation  of  the  several  nations  of  Europe,  and  espe- 
cially of  those  with  which  the  United  States  have  important  relations, 
can  not  but  render  the  state  of  things  between  them  and  us  matter  of 
interesting  inquiry  to  the  Legislature ,  and  may  indeed  give  rise  to  dehb- 
erations  to  which  they  alone  are  competent,  I  have  thought  it  my  duty 
to  communicate  to  them  certain  correspondences  which  have  taken  place. 

The  representative  and  executive  bodies  of  France  have  manifested 
generally  a  friendly  attachment  to  this  country;  have  given  advantages  to 
M  P — vol,  I — 10 


146  Messages  and  Papers  of  the  Presidents 

our  commerce  and  navigation,  and  have  made  overtures  for  placing  these 
advantages  on  permanent  ground.  A  decree,  however,  of  the  National 
Assembly  subjecting  vessels  laden  with  provisions  to  be  carried  into  their 
ports  and  making  enemy  goods  lawful  prize  in  the  vessel  of  a  friend, 
contrar>-  to  our  treaty,  though  revoked  at  one  time  as  to  the  United 
States,  has  been  since  extended  to  their  vessels  also,  as  has  been  recently 
stated  to  us.  Representations  on  this  subject  will  be  immediately  given 
in  charge  to  our  minister  there,  and  the  result  shall  be  communicated  to 
the  Legislature. 

It  is  with  extreme  concern  I  have  to  inform  you  that  the  proceedings 
of  the  person  whom  they  have  unfortunately  appointed  their  minister 
plenipotentiary  here  have  breathed  nothing  of  the  friendly  spirit  of  the 
nation  which  sent  him.  Their  tendency,  on  the  contrary,  has  been  to 
involve  us  in  war  abroad  and  discord  and  anarchy  at  home.  So  far  as 
his  acts  or  those  of  his  agents  have  threatened  our  immediate  commit- 
ment in  the  war,  or  flagrant  insult  to  the  authority  of  the  laws,  their 
effect  has  been  counteracted  by  the  ordinary  cognizance  of  the  laws  and 
by  an  exertion  of  the  powers  confided  to  me.  Where  their  danger  was 
not  imminent  they  have  been  borne  with  from  sentiments  of  regard  to 
his  nation,  from  a  sense  of  their  friendship  toward  us,  from  a  conviction 
that  they  would  not  suffer  us  to  remain  long  exposed  to  the  action  of  a 
person  who  has  so  little  respected  our  mutual  dispositions,  and,  I  will 
add,  from  a  reliance  on  the  firmness  of  my  fellow-citizens  in  their  prin- 
ciples of  peace  and  order.  In  the  meantime  I  have  respected  and  pursued 
the  stipulations  of  our  treaties  according  to  what  I  judged  their  true 
sense,  and  have  withheld  no  act  of  friendship  which  their  affairs  have 
called  for  from  us,  and  which  justice  to  others  left  us  free  to  perform. 
I  have  gone  farther.  Rather  than  employ  force  for  the  restitution  of 
certain  vessels  which  I  deemed  the  United  States  bound  to  restore,  I 
thought  it  more  advisable  to  satisfy  the  parties  by  avowing  it  to  be  my 
opinion  that  if  restitution  were  not  made  it  would  be  incumbent  on  the 
United  States  to  make  compensation.  The  papers  now  communicated 
will  more  particularly  apprise  you  of  these  transactions. 

The  vexations  and  spoliation  understood  to  have  been  committed  on 
our  vessels  and  commerce  by  the  cruisers  and  officers  of  some  of  the  bellig- 
erent powers  appear  to  require  attention.  The  proofs  of  these,  however, 
not  having  been  brought  fonvard,  the  descriptions  of  citizens  supposed 
to  have  suffered  were  notified  that,  on  furnishing  them  to  the  Executive, 
due  measures  would  be  taken  to  obtain  redress  of  the  past  and  more  effec- 
tual provisions  against  the  future.  Should  such  documents  be  furnished, 
proper  representations  will  be  made  thereon,  with  a  just  reliance  on  a 
redress  proportioned  to  the  exigency  of  the  case. 

The  British  Government  having  undertaken,  by  orders  to  the  com- 
manders of  their  armed  vessels,  to  restrain  generally  our  commerce  in 
corn  and  other  provisions  to  their  own  ports  and  those  of  their  friends, 


George  Washington  147 

the  instructions  now  communicated  were  immediately  forwarded  to  our 
minister  at  that  Court.  In  the  meantime  some  discussions  on  the  sub- 
ject took  place  between  him  and  them.  These  are  also  laid  before  you, 
and  I  may  expect  to  learn  the  result  of  his  special  instructions  in  time  to 
make  it  known  to  the  Legislature  during  their  present  session. 

Very  early  after  the  arrival  of  a  British  minister  here  mutual  explana- 
tions on  the  inexecution  of  the  treaty  of  peace  were  entered  into  with 
that  minister.     These  are  now  laid  before  you  for  your  information. 

On  the  subjects  of  mutual  interest  between  this  country  and  Spain 
negotiations  and  conferences  are  now  depending.  The  public  good 
requiring  that  the  present  state  of  these  should  be  made  known  to  the 
Legislature  in  confidence  only,  they  shall  be  the  subject  of  a  separate 
and  subsequent  communication. 

GO  WASHINGTON. 


United  States,  December  16,  1793. 
Gentlemen  of  the  Senate  and  of  the  House  of  Representatives: 

The  situation  of  affairs  in  Europe  in  the  course  of  the  year  1790  hav- 
ing rendered  it  possible  that  a  moment  might  arrive  favorable  for  the 
arrangement  of  our  unsettled  matters  with  Spain,  it  was  thought  proper 
to  prepare  our  representative  at  that  Court  to  avail  us  of  it.  A  confiden- 
tial person  was  therefore  dispatched  to  be  the  bearer  of  instructions  to 
him,  and  to  supply,  by  verbal  communications,  any  additional  information 
of  which  he  might  find  himself  in  need.  The  Government  of  France 
was  at  the  same  time  applied  to  for  its  aid  and  influence  in  this  nego- 
tiation. Events,  however,  took  a  turn  which  did  not  present  the  occasion 
hoped  for. 

About  the  close  of  the  ensuing  year  I  was  informed  through  the  rep- 
resentatives of  Spain  here  that  their  Government  would  be  willing  to 
renew  at  Madrid  the  former  conferences  on  these  subjects.  Though  the 
transfer  of  scene  was  not  what  would  have  been  desired,  yet  I  did  not 
think  it  important  enough  to  reject  the  proposition,  and  therefore,  with 
the  advice  and  consent  of  the  Senate,  I  appointed  commissioners  pleni- 
potentiary for  negotiating  and  concluding  a  treaty  with  that  country  on 
the  several  subjects  of  boundary,  navigation,  and  commerce,  and  gave 
them  the  instructions  now  communicated.  Before  these  negotiations, 
however,  could  be  got  into  train  the  new  troubles  which  had  arisen  in 
Europe  had  produced  new  combinations  among  the  powers  there,  the 
effects  of  which  are  but  too  visible  in  the  proceedings  now  laid  before 
you. 

In  the  meantime  some  other  points  of  discussion  had  arisen  with  that 
country,  to  wit,  the  restitution  of  property  escaping  into  the  territories  of 
each  other,  the  mutual  exchange  of  fugitives  from  justice,  and,  above 
all,  the  mutual  interferences  with  the  Indians  lying  between  us.    I  had 


148  Messages  and  Papers  of  the  Presidents 

the  best  reason  to  believe  that  the  hostilities  threatened  and  exercised 
by  the  Southern  Indians  on  our  border  were  excited  by  the  agents  of 
that  Government.  Representations  were  thereon  directed  to  be  made  by 
our  commissioners  to  the  Spanish  Government,  and  a  proposal  to  culti- 
vate with  good  faith  the  peace  of  each  other  with  those  people.  In  the 
meantime  corresponding  suspicions  were  entertained,  or  pretended  to 
be  entertained,  on  their  part  of  like  hostile  excitements  by  our  agents 
to  disturb  their  peace  with  the  same  nations.  These  were  brought 
forward  bj'  the  representatives  of  Spain  here  in  a  style  which  could  not 
fail  to  produce  attention.  A  claim  of  patronage  and  protection  of  those 
Indians  was  asserted;  a  mediation  between  them  and  us  by  that  sovereign 
assumed;  their  boundaries  with  us  made  a  subject  of  his  interference,  and 
at  length,  at  the  very  moment  when  these  savages  were  committing 
daily  inroads  upon  our  frontier,  we  were  informed  by  them  that  ' '  the 
continuation  of  the  peace,  good  harmony,  and  perfect  friendship  of  the 
two  nations  was  very  problematical  for  the  future,  unless  the  United 
States  should  take  more  convenient  measures  and  of  greater  energy 
than  those  adopted  for  a  long  time  past." 

If  their  previous  correspondence  had  worn  the  appearance  of  a  desire 
to  urge  on  a  disagreement,  this  last  declaration  left  no  room  to  evade  it, 
since  it  could  not  be  conceived  we  would  submit  to  the  scalping  knife 
and  tomahawk  of  the  savage  without  any  resistance.  I  thought  it  time, 
therefore,  to  know  if  these  were  the  views  of  their  sovereign,  and  dis- 
patched a  special  messenger  with  instructions  to  our  commissioners,  which 
are  among  the  papers  now  communicated.  Their  last  letter  gives  us 
reason  to  expect  very  shortly  to  know  the  result.  I  must  add  that  the 
Spanish  representatives  here,  perceiving  that  their  last  communication 
had  made  considerable  impression,  endeavored  to  abate  this  by  some  sub- 
sequent professions,  which,  being  also  among  the  communications  to  the 
lyegislature,  they  will  be  able  to  form  their  own  conclusions. 

G9  WASHINGTON. 

United  States,  December  16,  1793. 
Gentlemen  of  the  Senate  and  of  the  House  of  Representative s: 

I  lay  before  you  a  report  of  the  Secretary  of  State  on  the  measures 
which  have  been  taken  on  behalf  of  the  United  States  for  the  purpose  of 
obtaining  a  recognition  of  our  treaty  with  Morocco  and  for  the  ransom 
of  our  citizens  and  establishment  of  peace  with  Algiers. 

While  it  is  proper  our  citizens  should  know  that  subjects  which  so 
much  concern  their  interest  and  their  feelings  have  duly  engaged  the 
attention  of  their  Legislature  and  Executive,  it  would  still  be  improper 
that  some  particulars  of  this  communication  should  be  made  known. 
The  confidential  conversation  stated  in  one  of  the  last  letters  sent  here- 
with is  one  of  these.     Both  justice  and  policy  require  that  the  source 


George  Washington  149 

of  that  information  should  remain  secret.  So  a  knowledge  of  the  sums 
meant  to  have  been  given  for  peace  and  ransom  might  have  a  disadvan- 
tageous influence  on  future  proceedings  for  the  same  objects. 

GO  WASHINGTON. 

United  States,  December  23, 1793. 
Gentlemen  of  the  Senate  and  of  the  House  of  Representatives: 

Since  the  communications  which  were  made  to  you  on  the  affairs  of 
the  United  States  with  Spain  and  on  the  truce  between  Portugal  and 
Algiers  some  other  papers  have  been  received,  which,  making  a  part  of 
the  same  subjects,  are  now  communicated  for  your  information. 

GO  WASHINGTON. 

United  States,  December  30,  1793. 
Gentlemen  of  the  Senate  and  of  the  House  of  Representatives: 

I  lay  before  you,  for  your  consideration,  a  letter  from  the  Secretary  of 
State,  informing  me  of  certain  impediments  which  have  arisen  to  the 
coinage  of  the  precious  metals  at  the  Mint,  as  also  a  letter  from  the 
same  officer  relative  to  certain  advances  of  money  which  have  been 
made  on  public  account.  Should  you  think  proper  to  sanction  what  has 
been  done,  or  be  of  opinion  that  anything  more  shall  be  done  in  the 
same  way,  you  will  judge  whether  there  are  not  circumstances  which 
would  render  secrecy  expedient. 

GO  WASHINGTON. 

United  States,  yaw^^ary  7,  1794.. 
Gentlemen  of  the  Senate  and  of  the  House  of  Representatives: 

Experience  has  shewn  that  it  would  be  useful  to  have  an  officer  par- 
ticularly charged,  under  the  direction  of  the  Department  of  War,  with 
the  duties  of  receiving,  safe-keeping,  and  distributing  the  public  supplies 
in  all  cases  in  which  the  laws  and  the  course  of  service  do  not  devolve 
them  upon  other  officers,  and  also  with  that  of  superintending  in  all 
cases  the  issues  in  detail  of  supplies,  with  power  for  that  purpose  to 
bring  to  account  all  persons  intrusted  to  make  such  issues  in  relation 
thereto. 

An  establishment  of  this  nature,  by  securing  a  regular  and  punctual 
accountability  for  the  issues  of  public  supplies,  would  be  a  great  guard 
against  abuse,  would  tend  to  insure  their  due  application  and  to  give 
public  satisfaction  on  that  point. 

I  therefore  recommend  to  the  consideration  of  Congress  the  expediency 

of  an  establishment  of  this  nature,  under  such  regulations  as  shall  appear 

to  them  advisable. 

GO  WASHINGTON. 


150  Messages  and  Papers  of  the  Presidents 

United  St A!tiE&,  January  20,  1794.. 
Gentlemen  of  the  Senate  and  of  the  House  of  Representatives: 

Having  already  laid  before  you  a  letter  of  the  i6th  of  August,  1793, 
from  the  Secretary  of  State  to  our  minister  at  Paris,  stating  the  conduct 
and  urging  the  recall  of  the  minister  plenipotentiary  of  the  Republic  of 
France,  I  now  communicate  to  you  that  his  conduct  has  been  unequivo- 
cally disapproved,  and  that  the  strongest  assurances  have  been  given 
that  his  recall  should  be  expedited  without  delay. 

G9  WASHINGTON. 

United  States,  fanuary  21,  1794.. 
Gentlemen  of  the  Senate  and  of  the  House  of  Representatives: 

It  is  with  satisfaction  I  announce  to  you  that  the  alterations  which 
have  been  made  by  law  in  the  original  plan  for  raising  a  duty  on  spirits 
distilled  within  the  United  States,  and  on  stills,  cooperating  with  better 
information,  have  had  a  considerable  influence  in  obviating  the  difficul- 
ties which  have  embarrassed  that  branch  of  the  public  revenue.  But 
the  obstacles  which  have  been  experienced,  though  lessened,  are  not  yet 
entirely  surmounted,  and  it  would  seem  that  some  further  legislative 
provisions  may  usefully  be  superadded,  which  leads  me  to  recall  the 
attention  of  Congress  to  the  subject.  Among  the  matters  which  may 
demand  regulation  is  the  effect,  in  point  of  organization,  produced  by  the 
separation  of  Kentucky  from  the  State  of  Virginia,  and  the  situation  with 
regard  to  the  law  of  the  territories  northwest  and  southwest  of  the  Ohio. 

The  laws  respecting  light-house  establishments  require,  as  a  condition 
of  their  permanent  maintenance  at  the  expense  of  the  United  States,  a 
complete  cession  of  soil  and  jurisdiction.  The  cessions  of  different  States 
having  been  qualified  with  a  reservation  of  the  right  of  ser\4ng  legal 
process  within  the  ceded  jurisdiction  are  understood  to  be  inconclusive 
as  annexing  a  qualification  not  consonant  with  the  terms  of  the  law.  I 
present  this  circumstance  to  the  view  of  Congress,  that  they  may  judge 
whether  any  alteration  ought  to  be  made. 

As  it  appears  to  be  conformable  with  the  intention  of  the  * '  ordinance 
for  the  government  of  the  territory  of  the  United  States  northwest  of  the 
river  Ohio,"  although  it  is  not  expressly  directed  that  the  laws  of  that 
territory  should  be  laid  before  Congress,  I  now  transmit  to  you  a  copy 
of  such  as  have  been  passed  from  July  to  December,  1792,  inclusive, 
being  the  last  which  have  been  received  by  the  Secretary  of  State. 

GO  WASHINGTON. 

United  States,  January  jo,  1794.. 
Gentlemen  of  the  Senate  and  of  the  House  of  Representatives: 

Communications  have  been  made  to  Congress  during  the  present 
session  with  the  intention  of  affording  a  full  view  of  the  posture  of  affairs 


George  Washington  151 

on  the  Southwestern  frontiers.  By  the  information  which  has  lately  been 
laid  before  Congress  it  appeared  that  the  difficulties  with  the  Creeks  had 
been  amicably  and  happily  terminated  ;  but  it  will  be  perceived  with 
regret  by  the  papers  herewith  transmitted  that  the  tranquillity  has,  unfor- 
tunately, been  of  short  duration,  owing  to  the  murder  of  several  friendly 
Indians  by  some  lawless  white  men. 

The  condition  of  things  in  that  quarter  requires  the  serious  and  imme- 
diate consideration  of  Congress,  and  the  adoption  of  such  wise  and 
vigorous  laws  as  will  be  competent  to  the  preservation  of  the  national 
character  and  of  the  peace  made  under  the  authority  of  the  United  States 
with  the  several  Indian  tribes.  Experience  demonstrates  that  the  existing 
legal  provisions  are  entirely  inadequate  to  those  great  objects. 

G9  WASHINGTON. 

United  States,  February  7,  1794.. 
Gentlemen  of  the  Seyiate  and  of  the  House  of  Representatives: 

I  transmit  to  you  an  act  and  three  ordinances  passed'  by  the  government 
of  the  territory  of  the  United  States  south  of  the  river  Ohio  on  the  13th 
and  2ist  of  March  and  the  7th  of  May,  1793,  and  also  certain  letters  from 
the  minister  plenipotentiary  of  the  French  Republic  to  the  Secretary  of 
State,  inclosing  dispatches  from  the  general  and  extraordinary  commission 
of  Guadaloupe. 

GQ  WASHINGTON. 

United  States,  February  ip,  1794.. 
Gentlemen  of  the  Senate  and  of  the  House  of  Representatives: 

I  lay  before  you  the  copy  of  a  letter  which  I  have  received  from  the 
Chief  Justice  and  associate  justices  of  the  Supreme  Court  of  the  United 
States,  and,  at  their  desire,  the  representation  mentioned  in  the  said 
letter,  pointing  out  certain  defects  in  the  judiciary  system. 

GO  WASHINGTON. 

United  States,  February  24,  1794.. 
Gentlemen  of  the  Senate  and  of  the  House  of  Representatives: 

The  extracts  which  I  now  lay  before  you,  from  a  letter  of  our  min- 
ister at  London,  are  supplementary  to  some  of  my  past  communications, 
and  will  appear  to  be  of  a  confidential  nature. 

I  also  transmit  to  you  copies  of  a  letter  from  the  Secretary  of  State  to 
the  minister  plenipotentiary  of  His  Britannic  Majesty,  and  of  the  answer 
thereto,  upon  the  subject  of  the  treaty  between  the  United  States  and 
Great  Britain,  together  with  the  copy  of  a  letter  from  Messrs.  Carmichael 
and  Short,  relativ^e  to  our  affairs  with  Spain,  which  letter  is  connected 
with  a  former  confidential  message. 

G9  WASHINGTON. 


152  Messages  and  Papers  of  the  Presidents 

United  States,  February  26,  1794.. 
Gentlemen  of  the  Senate: 

I  have  caused  the  correspondence  which  is  the  subject  of  your  reso- 
lution of  the  24th  day  of  January  last  to  be  laid  before  me.  After  an 
examination  of  it  I  directed  copies  and  translations  to  be  made,  except 
in  those  particulars  which,  in  my  judgment,  for  public  considerations, 
ought  not  to  be  communicated. 

These  copies  and  translations  are  now  transmitted  to  the  Senate;  but 
the  nature  of  them  manifests  the  propriety  of  their  being  received  as 
confidential. 

GO  WASHINGTON. 

United  States,  March  3,  1794.. 
Gentlemen  of  the  Senate  and  of  the  House  of  Representatives: 

I  transmit  to  you  an  extract  from  a  letter  of  Mr.  Short,  relative  to  our 
affairs  with  Spain,  and  copies  of  two  letters  from  our  minister  at  Lisbon, 
with  their  inclosures,  containing  intelligence  from  Algiers.  The  whole 
of  these  communications  are  made  in  confidence,  except  the  passage  in 
Mr.  Short's  letter  which  respects  the  Spanish  convoy. 

GO  WASHINGTON. 

United  States,  March  5,  1794.. 
Gentlemen  of  the  Senate  and  of  the  House  of  Represe7itatives: 

The  Secretary  of  State  having  reported  to  me  upon  the  several 
complaints  which  have  been  lodged  in  his  office  against  the  vexations 
and  spoliations  on  our  commerce  since  the  commencement  of  the  Euro- 
pean war,  I  transmit  to  you  a  copy  of  his  statement,  together  with  the 
documents  upon  which  it  is  founded. 

GO  WASHINGTON. 

United  States,  March  18,  1794. 

Gentleman  of  the  Senate  and  of  the  House  of  Representatives: 

The  minister  plenipotentiary  of  the  French  Republic  having  requested 

an  advance  of  money,  I  transmit  to  Congress  certain  documents  relative 

to  that  subject. 

GO  WASHINGTON. 

United  States,  March  28,  1794. 
Gentlemen  of  the  Senate  and  of  the  House  of  Representatives: 

In  the  execution  of  the  resolution  of  Congress  bearing  date  the  26th 
of  March,  1794,  and  imposing  an  embargo,  I  have  requested  the  governors 
of  the  several  States  to  call  forth  the  force  of  their  militia,  if  it  should  be 
necessary,  for  the  detention  of  vessels.  This  power  is  conceived  to  be 
incidental  to  an  embargo. 


George  Washington  153 

It  also  deserves  the  attention  of  Congress  how  far  the  clearances  from 
one  district  to  another,  under  the  law  as  it  now  stands,  may  give  rise 
to  evasions  of  the  embargo.  As  one  security  the  collectors  have  been 
instructed  to  refuse  to  receive  the  surrender  of  coasting  licenses  for  the 
purpose  of  taking  out  registers,  and  to  require  bond  from  registered 
vessels  bound  from  one  district  to  another,  for  the  delivery  of  the  cargo 
within  the  United  States. 

It  is  not  understood  that  the  resolution  applies  to  fishing  vessels, 
although  their  occupations  lie  generally  in  parts  beyond  the  United  States. 
But  without  further  restrictions  there  is  an  opportunity  of  their  privileges 
being  used  as  means  of  eluding  the  embargo. 

All  armed  vessels  possessing  public  commissions  from  any  foreign 
power  (letters  of  marque  excepted)  are  considered  as  not  liable  to  the 
embargo. 

These  circumstances  are  transmitted  to  Congress  for  their  consideration. 

G9  WASHINGTON. 

United  States,  April  4,  1794.. 
Gentlemen  of  the  Senate  and  of  the  House  of  Representatives: 

I  lay  before  you  three  letters  from  our  minister  in  London,  advices 
concerning  the  Algerine  mission  from  our  minister  at  Lisbon  and  others, 
and  a  letter  from  the  minister  plenipotentiary  of  the  French  Repubhc  to 
the  Secretary  of  State,  with  his  answer. 

GO  WASHINGTON. 

United  States,  April  75,  1794.. 
Gentlemen  of  the  Senate  and  of  the  House  of  Representatives: 

I  lay  before  you  a  letter  from  the  minister  plenipotentiary  of  His 
Britannic  Majesty  to  the  Secretary  of  State;  a  letter  from  the  secretary 
of  the  territory  south  of  the  river  Ohio,  inclosing  an  ordinance  and  proc- 
lamation of  the  governor  thereof;  the  translation  of  so  much  of  a  peti- 
tion of  the  inhabitants  of  Post  Vincennes,  addressed  to  the  President,  as 
relates  to  Congress,  and  certain  dispatches  lately  received  from  our  com- 
missioners at  Madrid.  These  dispatches  from  Madrid  being  a  part  of  the 
business  which  has  been  hitherto  deemed  confidential,  they  are  forwarded 

under  that  view. 

GO  WASHINGTON. 

United  States,  April  16,  1794.. 

Gentleme7i  of  the  Senate: 

The  communications  which  I  have  made  to  you  during  your  present 
session  from  the  dispatches  of  our  minister  in  London  contain  a  serious 
aspect  of  our  affairs  with  Great  Britain.  But  as  peace  ought  to  be  pur- 
sued with  unremitted  zeal  before  the  last  resource,  which  has  so  often 


154  Messages  and  Papers  of  the  Presidents 

been  the  scourge  of  nations,  and  can  not  fail  to  check  the  advanced  pros- 
perity of  the  United  States,  is  contemplated,  I  have  thought  proper  to 
nominate,  and  do  hereby  nominate,  John  Jay  as  envoy  extraordinary  of 
the  United  States  to  His  Britannic  Majesty. 

My  confidence  in  our  minister  plenipotentiary  in  London  continues 
undiminished.  But  a  mission  like  this,  while  it  corresponds  with  the 
solemnity  of  the  occasion,  will  announce  to  the  world  a  solicitude  for  a 
friendly  adjustment  of  our  complaints  and  a  reluctance  to  hostility. 
Going  immediately  from  the  United  States,  such  an  envoy  will  carry 
with  him  a  full  knowledge  of  the  existing  temper  and  sensibility  of  our 
country,  and  will  thus  be  taught  to  vindicate  our  rights  with  firmness 
and  to  cultivate  peace  with  sincerity. 

GO  WASHINGTON. 

United  States,  May  12,  1794. 
Gentlemen  of  the  Senate  and  of  the  House  of  Representatives: 

As  the  letter  which  I  forwarded  to  Congress  on  the  15th  day  of  April 
last,  from  the  minister  plenipotentiary  of  His  Britannic  Majesty  to  the 
Secretary  of  State,  in  answer  to  a  memorial  of  our  minister  in  London, 
related  to  a  very  interesting  subject,  I  thought  it  proper  not  to  delay  its 
communication.  But  since  that  time  the  memorial  itself  has  been 
received  in  a  letter  from  our  minister,  and  a  reply  has  been  made  to  that 
answer  by  the  Secretary  of  State.  Copies  of  them  are  therefore  now 
transmitted. 

I  also  send  the  copy  of  a  letter  from  the  governor  of  Rhode  Island, 
inclosing  an  act  of  the  legislature  of  that  State  empowering  the  United 
States  to  hold  lands  within  the  same  for  the  purpose  of  erecting  fortifica- 
tions, and  certain  papers  concerning  patents  for  the  donation  lands  to 
the  ancient  settlers  of  Vincennes  upon  the  Wabash. 

GO  WASHINGTON. 

United  States,  May  20,  1794. 
Gentlemen  of  the  Senate  and  of  the  House  of  Representatives: 

In  the  communications  which  I  have  made  to  Congress  during  the 
present  session  relative  to  foreign  nations  I  have  omitted  no  opportunity 
of  testifying  my  anxiety  to  preserve  the  United  States  in  peace.  It  is 
peculiarly,  therefore,  my  duty  at  this  time  to  lay  before  you  the  present 
state  of  certain  hostile  threats  against  the  territories  of  Spain  in  our 
neighborhood. 

The  documents  which  accompany  this  message  develop  the  measures 
which  I  have  taken  to  suppress  them,  and  the  intelligence  which  has 
been  lately  received. 

It  will  be  seen  from  thence  that  the  subject  has  not  been  neglected; 
that  every  power  vested  in  the  Executive  on  such  occasions  has  been 


George  Washington  155 

exerted,  and  that  there  was  reason  to  beheve  that  the  enterprise  pro- 
jected against  the  Spanish  dominions  was  relinquished. 

But  it  appears  to  have  been  revived  upon  principles  which  set  public 
order  at  defiance  and  place  the  peace  of  the  United  States  in  the  discre- 
tion of  unauthorized  individuals.  The  means  already  deposited  in  the 
different  departments  of  Government  are  shewn  by  experience  not  to  be 
adequate  to  these  high  exigencies,  although  such  of  them  as  are  lodged 
in  the  hands  of  the  Executive  shall  continue  to  be  used  with  promptness, 
energy,  and  decision  proportioned  to  the  case.  But  I  am  impelled  by  the 
position  of  our  public  affairs  to  recommend  that  provision  be  made  for 
a  stronger  and  more  vigorous  opposition  than  can  be  given  to  such  hostile 
movements  under  the  laws  as  they  now  stand. 

GO  WASHINGTON. 

United  States,  May  21,  1794. 
Gentlemen  of  the  Senate  a7id  of  the  House  of  Representatives: 

I  lay  before  you  in  confidence  sundry  papers,  by  which  you  will  per- 
ceive the  state  of  affairs  between  us  and  the  Six  Nations,  and  the  proba- 
ble cause  to  which  it  is  owing,  and  also  certain  information  whereby 
it  would  appear  that  some  encroachment  was  about  to  be  made  on  our 
territory  by  an  officer  and  party  of  British  troops.  Proceeding  upon  a 
supposition  of  the  authenticity  of  this  information,  although  of  a  private 
nature,  I  have  caused  the  representation  to  be  made  to  the  British  min- 
ister a  copy  of  which  accompanies  this  message. 

It  can  not  be  necessary  to  comment  upon  the  very  serious  nature  of 
such  an  encroachment,  nor  to  urge  that  this  new  state  of  things  suggests 
the  propriety  of  placing  the  United  States  in  a  posture  of  effectual 
preparation  for  an  event  which,  notwithstanding  the  endeavors  making 
to  avert  it,  may  by  circumstances  beyond  our  control  be  forced  upon  us. 

GO  WASHINGTON. 

United  States,  May  26,  1794. 
Gentlemen  of  the  Seriate  and  of  the  House  of  Representatives: 

The  commissioners  of  His  Catholic  Majesty  having  communicated  to 
the  Secretary  of  State  the  form  of  a  certificate  without  which  the  vessels 
of  the  United  States  can  not  be  admitted  into  the  ports  of  Spain,  I  think 
it  proper  to  lay  it  before  Congress. 

GO  WASHINGTON. 

United  States,  May  27,  1794. 
Geyitlemen  of  the  Seriate: 

The  Executive  Provisory  Council  of  the  French  Republic  having 
requested  me  to  recall  Gouvenieur  Morris,  our  minister  plenipotentiary 
in  France,  I  have  thought  proper,  in  pursuance  of  that  request,  to  recall 


156  Messages  and  Papers  of  the  Presidents 

him.      I  therefore  nominate  James  Monroe,  of  Virginia,  as    minister 
plenipotentiary  of  the  United  States  to  the  said  Repubhc. 

I  also  nominate  William  Short,  now  minister  resident  for  the  United 
States  with  Their  High  Mightinesses  the  States- General  of  the  United 
Netherlands,  to  be  minister  resident  for  the  United  States  to  His  Catholic 
Majesty,  in  the  room  of  William  Camiichael,  who  is  recalled. 

G9  WASHINGTON. 


United  States,  June  2,  1794.. 
Gentlemen  of  the  Senate  and  of  the  House  of  Representatives: 

I  send  you  certain  communications,  recently  received  from  Georgia, 
which  materially  change  the  prospect  of  affairs  in  that  quarter,  and  seem 
to  render  a  war  with  the  Creek  Nations  more  probable  than  it  has  been 
at  any  antecedent  period.  While  the  attention  of  Congress  will  be 
directed  to  the  consideration  of  measures  suited  to  the  exigency,  it  can 
not  escape  their  observation  that  this  intelligence  brings  a  fresh  proof 
of  the  insufficiency  of  the  existing  provisions  of  the  laws  toward  the 
effectual  cultivation  and  preservation  of  peace  with  our  Indian  neighbors, 

GO  WASHINGTON. 


PROCLAMATIONS. 

[From  a  broadside  in  the  archives  of  the  Department  of  State.] 

By  the  President  of  the  United  States  of  America, 
a  proclamation. 

Whereas  it  appears  that  a  state  of  war  exists  between  Austria,  Prus- 
sia, Sardinia,  Great  Britain,  and  the  United  Netherlands  of  the  one  part 
and  France  on  the  other,  and  the  duty  and  interest  of  the  United  States 
require  that  they  should  with  sincerity  and  good  faith  adopt  and  pm"sue 
a  conduct  friendly  and  impartial  toward  the  belligerent  powers: 

I  have  therefore  thought  fit  by  these  presents  to  declare  the  dispo- 
sition of  the  United  States  to  observe  the  conduct  aforesaid  toward  those 
powers  respect iv^ely,  and  to  exhort  and  warn  the  citizens  of  the  United 
States  carefully  to  avoid  all  acts  and  proceedings  whatsoever  which  may 
in  any  manner  tend  to  contravene  such  disposition. 

And  I  do  hereby  also  make  known  that  whosoever  of  the  citizens  of 
the  United  States  shall  render  himself  liable  to  punishment  or  forfeiture 
under  the  law  of  nations  by  committing,  aiding,  or  abetting  hostilities 
against  any  of  the  said  powers,  or  by  carrying  to  any  of  them  those  arti- 
cles which  are  deemed  contraband  by  the  modem  usage  of  nations,  will 
not  receive  the  protection  of  the  United  States  against  such  punishment 


George  Washington  157 

or  forfeiture;  and  further,  that  I  have  given  instructions  to  those  officers 
to  whom  it  belongs  to  cause  prosecutions  to  be  instituted  against  all  per- 
sons who  shall,  within  the  cognizance  of  the  courts  of  the  United  States, 
violate  the  law  of  nations  with  respect  to  the  powers  at  war,  or  any  of 
them. 

In  testimony  whereof  I  have  caused  the  seal  of  the  United  States  of 
America  to  be  affixed  to  these  presents,  and  signed  the  same 
with  my  hand. 
[seal.]  Done  at  the  city  of  Philadelphia,  the  22d  day  of  April,  1793, 
and  of  the  Independence  of  the  United  States  of  America  the 
seventeenth. 

G9  WASHINGTON. 
By  the  President: 

Th:  Jefferson. 

^  By  the  President  of  the  United  States  of  America. 
A  proclamation. 

Whereas  I  have  received  information  that  certain  persons,  in  \'iolation 
of  the  laws,  have  presumed,  under  color  of  a  foreign  authority,  to  enlist 
citizens  of  the  United  States  and  others  within  the  State  of  Kentucky, 
and  have  there  assembled  an  armed  force  for  the  purpose  of  invading 
and  plundering  the  territories  of  a  nation  at  peace  with  the  said  United 
States;  and 

Whereas  such  unwarrantable  measures,  being  contrary  to  the  laws 
of  nations  and  to  the  duties  incumbent  on  every  citizen  of  the  United 
States,  tend  to  disturb  the  tranquillity  of  the  same,  and  to  involve  them 
in  the  calamities  of  war;  and 

Whereas  it  is  the  duty  of  the  Executive  to  take  care  that  such  crimi- 
nal proceedings  should  be  suppressed,  the  offenders  brought  to  justice, 
and  all  good  citizens  cautioned  against  measures  likely  to  prove  so  per- 
nicious to  their  country  and  themselves,  should  they  be  seduced  into 
similar  infractions  of  the  laws: 

I  have  therefore  thought  proper  to  issue  this  proclamation,  hereby 
solemnly  warning  every  person,  not  authorized  by  the  laws,  against 
enlisting  any  citizen  or  citizens  of  the  United  States,  or  levj'ing  troops, 
or  assembling  any  persons  within  the  United  States  for  the  purposes 
aforesaid,  or  proceeding  in  any  manner  to  the  execution  thereof,  as  they 
will  answer  for  the  same  at  their  peril;  and  I  do  also  admonish  and 
require  all  citizens  to  refrain  from  enlisting,  enrolling,  or  assembling 
themselves  for  such  unlawful  purposes  and  from  being  in  anywise  con- 
cerned, aiding,  or  abetting  therein,  as  they  tender  their  own  welfare, 
inasmuch  as  all  lawful  means  will  be  strictly  put  in  execution  for  secur- 
ing obedience  to  the  laws  and  for  punishing  such  dangerous  and  daring 
violations  thereof. 


158  Messages  and  Papers  of  the  Presidents 

And  I  do  moreover  charge  and  require  all  courts,  magistrates,  and 
other  officers  whom  it  may  concern,  according  to  their  respective  duties, 
to  exert  the  powers  in  them  severally  vested  to  prevent  and  suppress  all 
such  unlawful  assemblages  and  proceedings,  and  to  bring  to  condign 
punishment  those  who  may  have  been  guilty  thereof,  as  they  regard  the 
due  authority  of  Government  and  the  peace  and  welfare  of  the  United 
States. 

In  testimony  whereof  I  have  caused  the  seal  of  the  United  States  of 
America  to  be  affixed  to  these  presents,  and  signed  the  same 
with  my  hand. 
[seal.]  Done  at  the  city  of  Philadelphia,  the  24th  day  of  March,  1 794, 
and  of  the  Independence  of  the  United  States  of  America  the 
eighteenth. 

GO  WASHINGTON. 
By  the  President: 

Edm:  Randolph. 


[From  Annals  of  Congress,  Fourth  Congress,  second  session,  2796.] 

By  the  President  of  the  United  States  of  America, 
a  proclamation. 

Whereas  combinations  to  defeat  the  execution  of  the  laws  laying 
duties  upon  spirits  distilled  within  the  United  States  and  upon  stills  have 
from  the  time  of  the  commencement  of  those  laws  existed  in  some  of  the 
western  parts  of  Pennsylvania;  and 

Whereas  the  said  combinations,  proceeding  in  a  manner  subversive 
equally  of  the  just  authority  of  government  and  of  the  rights  of  individ- 
uals, have  hitherto  effected  their  dangerous  and  criminal  purpose  by  the 
influence  of  certain  irregular  meetings  whose  proceedings  have  tended  to 
encourage  and  uphold  the  spirit  of  opposition  by  misrepresentations  of 
the  laws  calculated  to  render  them  odious;  by  endeavors  to  deter  those 
who  might  be  so  disposed  from  accepting  offices  under  them  through 
fear  of  public  resentment  and  of  injury  to  person  and  property,  and  to 
compel  those  w^ho  had  accepted  such  offices  by  actual  \'iolence  to  sur- 
render or  forbear  the  execution  of  them;  by  circulating  vindictive  men- 
aces against  all  those  who  should  other^vise,  directly  or  indirectly,  aid 
in  the  execution  of  the  said  laws,  or  who,  yielding  to  the  dictates  of  con- 
science and  to  a  sense  of  obligation,  should  themselves  comply  therewith; 
by  actually  injuring  and  destroying  the  property  of  persons  who  were 
understood  to  have  so  complied;  by  inflicting  cruel  and  humiliating  pun- 
ishments upon  private  citizens  for  no  other  cause  than  that  of  appear- 
ing to  be  the  friends  of  the  laws;  by  intercepting  the  public  officers  on 
the  highways,  abusing,  assaulting,  and  otherwise  ill  treating  them;  by 
going  to  their  houses  in  the  night,  gaining  admittance  by  force,  taking 
away  their  papers,  and  committing  other  outrages,  employing  for  these 


George  Washington  159 

unwarrantable  purposes  the  agency  of  armed  banditti  disguised  in  such 
manner  as  for  the  most  part  to  escape  discovery;  and 

Whereas  the  endeavors  of  the  Legislature  to  obviate  objections  to  the 
said  laws  by  lowering  the  duties  and  by  other  alterations  conducive  to 
the  convenience  of  those  whom  they  immediately  affect  (though  they 
have  given  satisfaction  in  other  quarters),  and  the  endeavors  of  the 
executive  officers  to  conciliate  a  compliance  with  the  laws  by  explana- 
tions, by  forbearance,  and  even  by  particular  accommodations  founded 
on  the  suggestion  of  local  considerations,  have  been  disappointed  of  their 
effect  by  the  machinations  of  persons  whose  industry  to  excite  resistance 
has  increased  with  every  appearance  of  a  disposition  among  the  peopl^ 
to  relax  in  their  opposition  and  to  acquiesce  in  the  laws,  insomuch  that 
many  persons  in  the  said  western  parts  of  Pennsylvania  have  at  length 
been  hardy  enough  to  perpetrate  acts  which  I  am  advised  amount  to 
treason,  being  overt  acts  of  levying  war  against  the  United  States,  the 
said  persons  having  on  the  i6th  and  17th  July  last  past  proceeded  in 
arms  (on  the  second  day  amounting  to  several  hundreds)  to  the  house 
of  John  Neville,  inspector  of  the  revenue  for  the  fourth  survey  of  the 
district  of  Pennsylvania;  having  repeatedly  attacked  the  said  house  with 
the  persons  therein,  wounding  some  of  them;  having  seized  David  Lenox, 
marshal  of  the  district  of  Pennsylvania,  who  previous  thereto  had  been 
fired  upon  w^hile  in  the  execution  of  his  duty  by  a  party  of  armed  men, 
detaining  him  for  some  time  prisoner,  till  for  the  preservation  of  his  life 
and  the  obtaining  of  his  liberty  he  found  it  necessary  to  enter  into  stipula- 
tions to  forbear  the  execution  of  certain  official  duties  touching  processes 
issuing  out  of  a  court  of  the  United  States;  and  having  finally  obliged 
the  said  inspector  of  the  said  revenue  and  the  said  marshal  from  consider- 
ations of  personal  safety  to  fly  from  that  part  of  the  country,  in  order, 
by  a  circuitous  route,  to  proceed  to  the  seat  of  Government,  avowing  as  the 
motives  of  these  outrageous  proceedings  an  intention  to  prevent  by  force 
of  arms  the  execution  of  the  said  laws,  to  oblige  the  said  inspector  of  the 
revenue  to. renounce  his  said  office,  to  withstand  by  open  violence  the 
lawful  authority  of  the  Government  of  the  United  States,  and  to  compel 
thereby  an  alteration  in  the  measures  of  the  Legislature  and  a  repeal  of 
the  laws  aforesaid;  and 

Whereas  by  a  law  of  the  United  States  entitled  "An  act  topro\nde  for 
calling  forth  the  militia  to  execute  the  laws  of  the  Union,  suppress  insur- 
rections, and  repel  invasions,"  it  is  enacted  "that  whenever  the  laws  of 
the  United  States  shall  be  opposed  or  the  execution  thereof  obstructed 
in  any  State  by  combinations  too  powerful  to  be  suppressed  by  the  ordi- 
nary course  of  judicial  proceedings  or  by  the  powers  vested  in  the  marshals 
by  that  act,  the  same  being  notified  by  an  associate  justice  or  the  district 
judge,  it  shall  be  lawful  for  the  President  of  the  United  States  to  call 
forth  the  militia  of  such  State  to  suppress  such  combinations  and  to  cause 
the  laws  to  be  duly  executed.     And  if  the  militia  of  a  State  where  such 


i6o  Messages  and  Papers  of  the  Presidents 

combinations  may  happen  shall  refuse  or  be  insufficient  to  suppress  the 
same,  it  shall  be  lawful  for  the  President,  if  the  Legislature  of  the  United 
States  shall  not  be  in  session,  to  call  forth  and  employ  such  numbers  of 
the  militia  of  any  other  State  or  States  most  convenient  thereto  as  may 
be  necessar}^;  and  the  use  of  the  militia  so  to  be  called  forth  may  be 
continued,  if  necessary,  until  the  expiration  of  thirty  days  after  the  com- 
mencement of  the  ensuing  session:  Provided  always,  That  whenever  it 
may  be  necessary  in  the  judgment  of  the  President  to  use  the  military 
force  hereby  directed  to  be  called  forth,  the  President  shall  forthwith,  and 
previous  thereto,  by  proclamation,  command  such  insurgents  to  disperse 
and  retire  peaceably  to  their  respective  abodes  within  a  limited  time;"  and 

Whereas  James  Wilson,  an  associate  justice,  on  the  4th  instant,  by 
writing  under  his  hand,  did  from  evidence  Avhich  had  been  laid  before 
him  notify  to  -me  that  ' '  in  the  counties  of  Washington  and  Allegany,  in 
Pennsylvania,  laws  of  the  United  States  are  opposed  and  the  execution 
thereof  obstructed  by  combinations  too  powerful  to  be  suppressed  by  the 
ordinary  course  of  judicial  proceedings  or  by  the  powers  vested  in  the 
marshal  of  that  district;  "  and 

Whereas  it  is  in  my  judgment  necessary  under  the  circumstances  of 
the  case  to  take  measures  for  calling  forth  the  militia  in  order  to  suppress 
the  combinations  aforesaid,  and  to  cause  the  laws  to  be  duly  executed; 
and  I  have  accordingly  determined  so  to  do,  feeling  the  deepest  regret 
for  the  occasion,  but  withal  the  most  solemn  conviction  that  the  essential 
interests  of  the  Union  demand  it,  that  the  very  existence  of  Government 
and  the  fundamental  principles  of  social  order  are  materially  involved  in 
the  issue,  and  that  the  patriotism  and  firmness  of  all  good  citizens  are 
seriously  called  upon,  as  occasions  may  require,  to  aid  in  the  effectual 
suppression  of  so  fatal  a  spirit: 

Wherefore,  and  in  pursuance  of  the  proviso  above  recited,  I,  George 
Washington,  President  of  the  United  States,  do  hereby  command  all  per- 
sons being  insurgents  as  aforesaid,  and  all  others  whom  it  may  concern, 
on  or  before  the  ist  day  of  September  next  to  disperse  and  retire  peace- 
ably to  their  respective  abodes.  And  I  do  moreover  warn  all  persons 
whomsoever  against  aiding,  abetting,  or  comforting  the  perpetrators  of 
the  aforesaid  treasonable  acts,  and  do  require  all  officers  and  other  citi- 
zens, according  to  their  respective  duties  and  the  laws  of  the  land,  to 
exert  their  utmost  endeavors  to  prevent  and  suppress  such  dangerous 
proceedings. 

In  testimony  whereof  I  have  caused  the  seal  of  the  United  States  of 

America  to  be  affixed  to  these  presents,  and  signed  the  same 

with  my  hand. 

[SEAi..]         Done  at  the  city  of  Philadelphia,  the  7th  day  of  August, 

1794,  and  of  the  Independence  of  the  United  States  of  America 

the  nineteenth.  ^  WASHINGTON. 

By  the  President : 

Edm:  Randolph 


George  Washington  ■  i6i 

[From  Annals  of  Congress,  Third  Congress,  14 13.] 

By  the  President  of  the  United  States  of  America, 
a  proclamation. 

Whereas  from  a  hope  that  the  combinations  against  the  Constitution 
and  laws  of  the  United  States  in  certain  of  the  western  counties  of  Penn- 
sylvania would  yield  to  time  and  reflection  I  thought  it  sufficient  in  the 
first  instance  rather  to  take  measures  for  calling  forth  the  militia  than 
immediately  to  embody  them,  but  the  moment  is  now  come  when  the 
overtures  of  forgiveness,  with  no  other  condition  than  a  submission  to 
law,  have  been  only  partially  accepted;  when  every  form  of  conciliation 
not  inconsistent  with  the  being  of  Government  has  been  adopted  without 
effect;  when  the  well-disposed  in  those  counties  are  unable  by  their 
influence  and  example  to  reclaim  the  wicked  from  their  inry,  and  are 
compelled  to  associate  in  their  own  defense;  when  the  proffered  lenity 
has  been  perversely  misinterpreted  into  an  apprehension  that  the  citizens 
will  march  with  reluctance;  when  the  opportunity  of  examining  the 
serious  consequences  of  a  treasonable  opposition  has  been  employed  in 
propagating,  principles  of  anarchy,  endeavoring  through  emissaries  to 
alienate  the  friends  of  order  from  its  support,  and  inviting  its  enemies 
to  perpetrate  similar  acts  of  insurrection ;  when  it  is  manifest  that  \no- 
lence  would  continue  to  be  exercised  upon  every  attempt  to  enforce  the 
laws;  when,  therefore,  Government  is  set  at  defiance,  the  contest  being 
whether  a  small  portion  of  the  United  States  shall  dictate  to  the  whole 
Union,  and,  at  the  expense  of  those  who  desire  peace,  indulge  a  desperate 
ambition : 

Now,  therefore,  I,  George  Washington,  President  of  the  United  States, 
in  obedience  to  that  high  and  irresistible  duty  consigned  to  me  by  the 
Constitution  ' '  to  take  care  that  the  laws  be  faithfully  executed, ' '  deplor- 
ing that  the  American  name  should  be  sullied  by  the  outrages  of  citizens 
on  their  own  Government,  commiserating  such  as  remain  obstinate  from 
delusion,  but  resolved,  in  perfect  reliance  on  that  gracious  Providence 
which  so  signally  displays  its  goodness  towards  this  country,  to  reduce 
the  refractory  to  a  due  subordination  to  the  law,  do  hereby  declare 
and  make  known  that,  with  a  satisfaction  which  can  be  equaled  only 
by  the  merits  of  the  militia  summoned  into  service  from  the  States 
of  New  Jersey,  Pennsylvania,  Maryland,  and  Virginia,  I  have  received 
intelligence  of  their  patriotic  alacrity  in  obeying  the  call  of  the  present, 
though  painful,  yet  commanding  necessity;  that  a  force  which,  according 
to  every  reasonable  expectation,  is  adequate  to  the  exigency'  is  already 
in  motion  to  the  scene  of  disaffection;  that  those  who  have  confided  or 
shall  confide  in  the  protection  of  Government  shall  meet  full  succor 
under  the  standard  and  from  the  arms  of  the  United  States;  that  those 
wliQ,  having  offended  against  the  laws,  have  since  entitled  themselves 
M  P— voif  I— II 


i62  Messages  and  Papers  of  the  Presidents 

to  indemnity  will  be  treated  with  the  most  liberal  good  faith  if  they 
shall  not  have  forfeited  their  claim  by  any  subsequent  conduct,  and 
that  instructions  are  given  accordingly. 

And  I  do  moreover  exhort  all  individuals,  officers,  and  bodies  of  men 
to  contemplate  with  abhorrence  the  measures  leading  directly  or  indi- 
rectly to  those  crimes  which  produce  this  resort  to  military  coercion;  to 
check  in  their  respective  spheres  the  efforts  of  misguided  or  designing 
men  to  substitute  their  misrepresentation  in  the  place  of  truth  and  their 
discontents  in  the  place  of  stable  government,  and  to  call  to  mind  that, 
as  the  people  of  the  United  States  have  been  permitted,  under  the  Di\nne 
favor,  in  perfect  freedom,  after  solemn  deliberation,  and  in  an  enlight- 
ened age,  to  elect  their  own  government,  so  will  their  gratitude  for  this 
inestimable  blessing  be  best  distinguished  by  firm  exertions  to  maintain 
the  Constitution  and  the  laws. 

And,  lastly,  I  again  warn  all  persons  whomsoever  and  wheresoever  not 
to  abet,  aid,  or  comfort  the  insurgents  aforesaid,  as  they  will  answer  the 
contrary  at  their  peril;  and  I  do  also  require  all  officers  and  other  citi- 
zens, according  to  their  several  duties,  as  far  as  may  be  in  their  power,  to 
bring  under  the  cognizance  of  the  laws  all  offenders  in  the  premises. 
In  testimony  whereof  I  have  caused  the  seal  of  the  United  States  of 
America  to  be  affixed  to  these  presents,  and  signed  the  same 
with  my  hand. 
[seal.]  Done  at  the  city  of  Philadelphia,  the  25th  day  of  Septem- 

ber,  1794,  and  of  the  Independence  of  the  United  States  of 
America  the  nineteenth. 

G9  WASHINGTON. 
By  the  President: 

Edm:  Randolph. 


SIXTH  ANNUAL  ADDRESS. 

United  States,  November  ip,  1794^. 
Fellow- Citizens  of  the  Senate  and  of  the  House  of  Representatives: 

When  we  call  to  mind  the  gracious  indulgence  of  Heaven  by  which 
the  American  people  became  a  nation ;  when  we  surv^ey  the  general  pros- 
perity of  our  country,  and  look  forward  to  the  riches,  power,  and  happi- 
ness to  which  it  .seems  destined,  with  the  deepest  regret  do  I  announce 
to  you  that  during  your  recess  some  of  the  citizens  of  the  United  States 
have  been  found  capable  of  an  insurrection.  It  is  due,  however,  to  the 
character  of  our  Government  and  to  its  stability,  which  can  not  be  shaken 
by  the  enemies  of  order,  freely  to  unfold  the  course  of  this  event. 

During  the  session  of  the  year  1790  it  was  expedient  to  exercise  the 
legislative  power  granted  by  the  Constitution  of  the  United  States  ' '  to 


George  Washington  163 

lay  and  collect  excises."  In  a  majority  of  the  States  vScarcely  an  objec- 
tion was  heard  to  this  mode  of  taxation.  In  some,  indeed,  alarms  were 
at  first  conceived,  until  they  were  banished  by  reason  and  patriotism. 
In  the  four  western  counties  of  Pennsylvania  a  prejudice,  fostered  and 
imbittered  by  the  artifice  of  men  who  labored  for  an  ascendency  over  the 
will  of  others  by  the  guidance  of  their  passions,  produced  symptoms  of 
riot  and  violence.  It  is  well  known  that  Congress  did  not  hesitate  to 
examine  the  complaints  which  were  presented,  and  to  relieve  them  as  far 
as  justice  dictated  or  general  convenience  would  permit.  But  the  impres- 
sion which  this  moderation  made  on  the  discontented  did  not  correspond 
with  what  it  deserved.  The  arts  of  delusion  were  no  longer  confined 
to  the  efforts  of  designing  individuals.  The  very  forbearance  to  press 
prosecutions  was  misinterpreted  into  a  fear  of  urging  the  execution  of 
the  laws,  and  aSvSociations  of  men  began  to  denounce  threats  against  the 
officers  employed.  From  a  belief  that  by  a  more  formal  concert  their 
operation  might  be  defeated,  certain  self -created  societies  assumed  the 
tone  of  condemnation.  Hence,  while  the  greater  part  of  Pennsylvania 
itself  were  conforming  themselves  to  the  acts  of  excise,  a  few  counties 
were  resolved  to  frustrate  them.  It  was  now  perceived  that  every  expec- 
tation from  the  tenderness  which  had  been  hitherto  pursued  was  unavail- 
ing, and  that  further  delay  could  only  create  an  opinion  of  impotency  or 
irresolution  in  the  Government.  Legal  process  was  therefore  delivered 
to  the  marshal  against  the  rioters  and  delinquent  distillers. 

No  sooner  was  he  understood  to  be  engaged  in  this  duty  than  the 
vengeance  of  armed  men  was  aimed  at  his  person  and  the  person  and 
property  of  the  inspector  of  the  revenue.  They  fired  upon  the  marshal, 
arrested  him,  and  detained  him  for  some  time  as  a  prisoner.  He  was 
obliged,  by  the  jeopardy  of  his  life,  to  renounce  the  service  of  other 
process  on  the  west  side  of  the  Allegheny  Mountain,  and  a  deputation 
was  afterwards  sent  to  him  to  demand  a  surrender  of  that  which  he  had 
served.  A  numerous  body  repeatedly  attacked  the  house  of  the  inspector, 
seized  his  papers  of  office,  and  finally  destroyed  by  fire  his  buildings  and 
whatsoever  they  contained.  Both  of  these  officers,  from  a  just  regard  to 
their  safety,  fled  to  the  seat  of  Government,  it  being  avowed  that  the 
motives  to  such  outrages  were  to  compel  the  resignation  of  the  inspector, 
to  withstand  by  force  of  arms  the  authority  of  the  United  States,  and 
thereby  to  extort  a  repeal  of  the  laws  of  excise  and  an  alteration  in  the 
conduct  of  Government. 

Upon  the  testimony  of  these  facts  an  associate  justice  of  the  Supreme 
Court  of  the  United  States  notified  to  me  that  ' '  in  the  counties  of  Wash- 
ington and  Allegheny,  in  Pennsylvania,  laws  of  the  United  States  were 
opposed,  and  the  execution  thereof  obstructed,  by  combinations  too  pow- 
erful to  be  suppressed  by  the  ordinary  course  of  judicial  proceedings  or 
by  the  powers  vested  in  the  marshal  of  that  district."  On  this  call, 
momentous  in  the  extreme,  I  sought  and  weighed  what  might  best 


164  Messages  and  Papers  of  the  Presidents 

subdue  the  crisis.  On  the  one  hand  the  judiciary  was  pronounced  to  be 
stripped  of  its  capacity  to  enforce  the  laws;  crimes  which  reached  the  very 
existence  of  social  order  were  perpetrated  without  control ;  the  friends 
of  Government  were  insulted,  abused,  and  overawed  into  silence  or  an 
apparent  acquiescence  ;  and  to  yield  to  the  treasonable  fury  of  so  small  a 
portion  of  the  United  States  would  be  to  violate  the  fundamental  principle 
of  our  Constitution,  which  enjoins  that  the  will  of  the  majority  shall 
prevail.  On  the  other,  to  array  citizen  against  citizen,  to  publish  the 
dishonor  of  such  excesses,  to  encounter  the  expense  and  other  embar- 
rassments of  so  distant  an  expedition,  were  steps  too  delicate,  too  closely 
interwoven  with  many  affecting  considerations,  to  be  lightly  adopted. 
I  postponed,  therefore,  the  summoning  the  militia  immediately  into  the 
field,  but  I  required  them  to  be  held  in  readiness,  that  if  my  anxious 
endeavors  to  reclaim  the  deluded  and  to  convince  the  malignant  of  their 
danger  should  be  fruitless,  military  force  might  be  prepafed  to  act  before 
the  season  should  be  too  far  advanced. 

My  proclamation  of  the  7th  of  August  last  was  accordingly  issued, 
and  accompanied  by  the  appointment  of  commissioners,  who  were 
charged  to  repair  to  the  scene  of  insurrection.  They  were  authorized 
to  confer  with  any  bodies  of  men  or  individuals.  They  were  instructed  to 
be  candid  and  explicit  in  stating  the  sensations  which  had  been  excited 
in  the  Executive,  and  his  earnest  wish  to  avoid  a  resort  to  coercion ;  to 
represent,  however,  that,  without  submission,  coercion  must  be  the 
resort ;  but  to  in\'ite  them,  at  the  same  time,  to  return  to  the  demeanor 
of  faithful  citizens,  by  such  accommodations  as  lay  within  the  sphere  of 
Executive  power.  Pardon,  too,  was  tendered  to  them  by  the  Govern- 
ment of  the  United  States  and  that  of  Pennsylvania,  upon  no  other 
condition  than  a  satisfactory  assurance  of  obedience  to  the  laws. 

Although  the  report  of  the  commissioners  marks  their  firmness  and 
abilities,  and  must  unite  all  virtuous  men,  by  shewing  that  the  means  of 
conciliation  have  been  exhausted,  all  of  those  who  had  committed  or 
abetted  the  tumults  did  not  subscribe  the  mild  form  which  was  proposed 
as  the  atonement,  and  the  indications  of  a  peaceable  temper  were  neither 
sufficientl}'  general  nor  conclusive  to  recommend  or  warrant  the  further 
.suspension  of  the  march  of  the  militia. 

Thus  the  painful  alternative  could  not  be  discarded.  I  ordered  the 
militia  to  march,  after  once  more  admonishing  the  insurgents  in  my 
proclamation  of  the  25th  of  September  last. 

It  was  a  task  too  difficult  to  ascertain  with  preci.sion  the  lowest  degree 
of  force  competent  to  the  quelling  of  the  insurrection.  From  a  respect, 
indeed,  to  economy  and  the  ease  of  my  fellow-citizens  belonging  to  the 
militia,  it  would  have  gratified  me  to  accomplish  such  an  estimate.  My 
very  reluctance  to  ascribe  too  much  importance  to  the  opposition,  had 
its  extent  been  accurately  seen,  would  have  been  a  decided  inducement  to 
the  smallest  efficient  numbers.     Ju  this  uncertainty,  therefore,  I  put  into 


George  Washington  165 

motion  15,000  men,  as  being  an  array  which,  according  to  all  human 
calculation,  would  be  prompt  and  adequate  in  every  view,  and  might, 
perhaps,  by  rendering  resistance  desperate,  prevent  the  effusion  of  blood. 
Quotas  had  been  assigned  to  the  States  of  New  Jersey,  Pennsylvania, 
Maryland,  and  Virginia,  the  governor  of  Pennsylvania  having  declared 
on  this  occasion  an  opinion  which  justified  a  requisition  to  the  other 
States. 

As  commander  in  chief  of  the  militia  when  called  into  the  actual  serv- 
ice of  the  United  States,  I  have  visited  the  places  of  general  rendezvous 
to  obtain  more  exact  information  and  to  direct  a  plan  for  ulterior  move- 
ments. Had  there  been  room  for  a  persuasion  that  the  laws  were  .secure 
from  obstruction;  that  the  civil  magistrate  was  able  to  bring  to  justice 
such  of  the  most  culpable  as  have  not  embraced  the  proffered  tenns  of 
amnesty,  and  may  be  deemed  fit  objects  of  example;  that  the  friends  to 
peace  and  good  government  were  not  in  need  of  that  aid  and  countenance 
which  they  ought  always  to  receive,  and,  I  trust,  ever  will  receive, 
against  the  vicious  and  turbulent,  I  should  have  caught  with  a\ndity  the 
opportunity  of  restoring  the  militia  to  their  families  and  homes.  But 
succeeding  intelligence  has  tended  to  manifest  the  necessity  of  what  has 
been  done,  it  being  now  confessed  by  those  who  were  not  inclined  to 
exaggerate  the  ill  conduct  of  the  insurgents  that  their  malevolence  was 
not  pointed  merely  to  a  particular  law,  but  that  a  spirit  inimical  to  all 
order  has  actuated  many  of  the  offenders.  If  the  state  of  things  had 
afforded  reason  for  the  continuance  of  my  presence  with  the  army,  it 
would  not  have  been  withholden.  But  every  appearance  assuring  such 
an  issue  as  will  redound  to  the  reputation  and  strength  of  the  United 
States,  I  have  judged  it  most  proper  to  resume  mj'  duties  at  the  seat  of 
Government,  leaving  the  chief  command  with  the  governor  of  Virginia. 

Still,  however,  as  it  is  probable  that  in  a  commotion  like  the  present, 
whatsoever  may  be  the  pretense,  the  purposes  of  mischief  and  revenge 
may  not  be  laid  aside,  the  stationing  of  a  small  force  for  a  certain  period 
in  the  four  western  counties  of  Pennsylvania  will  be  indispensable,  whether 
we  contemplate  the  situation  of  tho.se  who  are  connected  with  the  execu- 
tion of  the  laws  or  of  others  who  may  have  exposed  them.selves  by  an 
honorable  attachment  to  them.  Thirty  days  from  the  commencement  of 
this  session  being  the  legal  limitation  of  the  employment  of  the  militia, 
Congress  can  not  be  too  early  occupied  with  this  subject. 

Among  the  discussions  which  may  arise  from  this  aspect  of  our  affairs, 
and  from  the  documents  which  will  be  submitted  to  Congress,  it  will  not 
escape  their  observation  that  not  only  the  inspector  of  the  revenue,  but 
other  officers  of  the  United  States  in  Pennsylvania  have,  from  their 
fidelity  in  the  discharge  of  their  functions,  sustained  material  injuries  to 
their  property.  The  obligation  and  policy  of  indemnifying  them  are 
strong  and  obvious.  It  may  also  merit  attention  whether  policy  will  not 
enlarge  this  provision  to  the  retribution  of  other  citizens  who,  though  not 


i66  Messages  and  Papers  of  the  Presidents 

under  the  ties  of  office,  may  have  suffered  damage  by  their  generous 
exertions  for  upholding  the  Constitution  and  the  laws.  The  amount, 
even  if  all  the  injured  were  included,  would  not  be  great,  and  on  future 
emergencies  the  Government  would  be  amply  repaid  by  the  influence  of 
an  example  that  he  who  incurs  a  loss  in  its  defense  shall  find  a  recom- 
pense in  its  liberality. 

While  there  is  cause  to  lament  that  occurrences  of  this  nature  should 
have  disgraced  the  name  or  interrupted  the  tranquillity  of  any  part  of 
our  comnuuiity,  or  should  have  diverted  to  a  new  application  any  portion 
of  the  public  resources,  there  are  not  wanting  real  and  substantial  conso- 
lations for  the  misfortune.  It  has  demonstrated  that  our  prosperity  rests 
on  solid  foundations,  by  furnishing  an  additional  proof  that  my  fellow- 
citizens  understand  the  true  principles  of  government  and  liberty;  that 
they  feel  their  inseparable  union;  that  notwithstanding  all  the  devices 
which  have  been  used  to  sway  them  from  their  interest  and  duty,  they 
are  now  as  ready  to  maintain  the  authority  of  the  laws  against  licentious 
invasions  as  they  were  to  defend  their  rights  against  usurpation.  It  has 
been  a  spectacle  displaying  to  the  highest  advantage  the  value  of  repub- 
lican government  to  behold  the  most  and  the  least  wealthy  of  our  citizens 
standing  in  the  same  ranks  as  private  soldiers,  preeminently  distinguished 
by  being  the  army  of  the  Constitution — undeterred  by  a  march  of  300 
miles  over  rugged  mountains,  by  the  approach  of  an  inclement  season, 
or  by  any  other  discouragement.  Nor  ought  I  to  omit  to  acknowledge 
the  efficacious  and  patriotic  cooperation  which  I  have  experienced  from 
the  chief  magistrates  of  the  States  to  which  my  requisitions  have  been 
addressed. 

To  every  description  of  citizens,  indeed,  let  praise  be  given.  But  let 
them  persevere  in  their  affectionate  vigilance  over  that  precious  depository 
of  American  happiness,  the  Constitution  of  the  United  States.  Let  them 
cherish  it,  too,  for  the  sake  of  those  who,  from  every  clime,  are  daily 
seeking  a  dwelling  in  our  land.  And  when  in  the  calm  moments  of 
reflection  they  shall  have  retraced  the  origin  and  progress  of  the  insur- 
rection, let  them  determine  whether  it  has  not  been  fomented  by  com- 
binations of  men  who,  careless  of  consequences  and  disregarding  the 
unerring  truth  that  those  who  rouse  can  not  always  appease  a  civil  con- 
vulsion, have  disseminated,  from  an  ignorance  or  perversion  of  facts, 
suspicions,  jealousies,  and  accusations  of  the  whole  Government. 

Having  thus  fulfilled  the  engagement  which  I  took  when  I  entered 
into  office,  "to  the  best  of  my  ability  to  preserve,  protect,  and  defend 
the  Constitution  of  the  United  States,"  on  you,  gentlemen,  and  the 
people  by  whom  you  are  deputed,  I  rely  for  support. 

In  the  arrangements  to  which  the  possibility  of  a  similar  contingency 
will  naturally  draw  your  attention  it  ought  not  to  be  forgotten  that 
the  militia  laws  have  exhibited  such  .striking  defects  as  could  not  have 
been  supplied  but  by  the  zeal  of  our  citizens.     Besides  the  extraordinary 


George  Washitigton  167 

expense  and  waste,  which  are  not  the  least  of  the  defects,  every  appeal 
to  those  laws  is  attended  with  a  doubt  on  its  success. 

The  devising  and  establishing  of  a  well-regulated  militia  would  be  a 
genuine  source  of  legislative  honor  and  a  perfect  title  to  public  grati- 
tude. I  therefore  entertain  a  hope  that  the  present  session  will  not  pass 
without  carrying  to  its  full  energy  the  power  of  organizing,  arming,  and 
disciplining  the  militia,  and  thus  providing,  in  the  language  of  the  Con- 
stitution, for  calling  them  forth  to  execute  the  laws  of  the  Union,  sup- 
press insurrections,  and  repel  invasions. 

As  auxiliary  to  the  state  of  our  defense,  to  which  Congre.ss  can  never 
too  frequently  recur,  they  will  not  omit  to  inquire  whether  the  fortifica- 
tions which  have  been  already  licensed  by  law  be  commensurate  with 
our  exigencies. 

The  intelligence  from  the  army  under  the  command  of  General  Wayne 
is  a  happy  presage  to  our  military  operations  against  the  hostile  Indians 
north  of  the  Ohio.  From  the  advices  which  have  been  forwarded,  the 
advance  which  he  has  made  must  have  damped  the  ardor  of  the  savages 
and  weakened  their  obstinacy  in  waging  war  against  the  United  States. 
And  yet,  even  at  this  late  hour,  when  our  power  to  punish  them  can  not 
be  questioned,  we  shall  not  be  unwilling  to  cement  a  lasting  peace  upon 
terms  of  candor,  equity,  and  good  neighborhood. 

Toward  none  of  the  Indian  tribes  have  overtures  of  friendship  been 
spared.  The  Creeks  in  particular  are  covered  from  encroachment  by 
the  interposition  of  the  General  Government  and  that  of  Georgia.  From 
a  desire  also  to  remove  the  discontents  of  the  Six  Nations,  a  settlement 
meditated  at  Presque  Isle,  on  Lake  Erie,  has  been  suspended,  and  an 
agent  is  now  endeavoring  to  rectify  any  misconception  into  which  they 
may  have  fallen.  But  I  can  not  refrain  from  again  pressing  upon  your 
deliberations  the  plan  which  I  recommended  at  the  last  session  for  the 
improvement  of  harmony  with  all  the  Indians  within  our  limits  by  the 
fixing  and  conducting  of  trading  houses  upon  the  principles  then 
expressed. 

Gentlemen  of  the  House  of  Representatives: 

The  time  which  has  elapsed  since  the  commencement  of  our  fiscal 
mea.sures  has  developed  our  pecuniary  resources  so  as  to  open  the  way 
for  a  definite  plan  for  the  redemption  of  the  public  debt.  It  is  believed 
that  the  result  is  such  as  to  encourage  Congress  to  consummate  this  work 
without  delay.  Nothing  can  more  promote  the  permanent  welfare  of  the 
nation  and  nothing  would  be  more  grateful  to  our  constituents.  Indeed, 
whatsoever  is  unfinished  of  our  system  of  public  credit  can  not  be  bene- 
fited by  procrastination;  and  as  far  as  may  be  practicable  we  ought  to 
place  that  credit  on  grounds  which  can  not  be  disturbed,  and  to  prevent 
that  progressive  accumulation  of  debt  which  must  ultimately  endanger 
all  governments. 


i68  Messages  and  Papers  of  the  Presidents 

An  estimate  of  the  necessary  appropriations,  including  the  expenditures 
into  which  we  have  been  driven  by  the  insurrection,  will  be  submitted  to 
Congress. 

Ge?itlemen  of  the  Senate  and  of  the  House  of  Representatives. 

The  Mint  of  the  United  States  has  entered  upon  the  coinage  of  the 
precious  metals,  and  considerable  sums  of  defective  coins  and  bullion 
have  been  lodged  with  the  Director  by  individuals.  There  is  a  pleasing 
prospect  that  the  institution  will  at  no  remote  day  realize  the  expectation 
which  was  originally  formed  of  its  utility. 

In  subsequent  communications  certain  circumstances  of  our  intercourse 
with  foreign  nations  will  be  transmitted  to  Congress.  However,  it  may 
not  be  unseasonable  to  announce  that  my  policy  in  our  foreign  transac- 
tions has  been  to  cultivate  peace  with  all  the  world  ;  to  obser\-e  treaties 
with  pure  and  absolute  faith  ;  to  check  every  deviation  from  the  line 
of  impartiality ;  to  explain  what  may  have  been  misapprehended  and 
correct  what  may  have  been  injurious  to  any  nation,  and  having  thus 
acquired  the  right,  to  lose  no  time  in  acquiring  the  ability  to  insist  upon 
justice  being  done  to  ourselves. 

Let  us  unite,  therefore,  in  imploring  the  Supreme  Ruler  of  Nations  to 
spread  his  holy  protection  over  these  United  States ;  to  turn  the  machina- 
tions of  the  wicked  to  the  confirming  of  our  Constitution  ;  to  enable  us 
at  all  times  to  root  out  internal  sedition  and  put  invasion  to  flight ;  to 
perpetuate  to  our  country  that  prosperity  which  His  goodness  has  already 
conferred,  and  to  verify  the  anticipations  of  this  Government  being  a 
safeguard  to  human  rights, 

G9  WASHINGTON. 


ADDRESS   OF   THE   SENATE   TO    GEORGE  WASHINGTON,    PRESIDENT 
OF  THE  UNITED  STATES. 

Sir:  We  receive  with  pleasure  3  our  speech  to  the  two  Houses  of  Con- 
gress. In  it  we  perceive  renewed  proofs  of  that  vigilant  and  paternal 
concern  for  the  prosperity,  honor,  and  happiness  of  our  country  which 
has  uniformly  distinguished  your  past  Administration. 

Our  anxiety  arising  from  the  licentious  and  open  resistance  to  the  laws 
in  the  western  counties  of  Pennsylvania  has  been  increased  by  the  pro- 
ceedings of  certain  self-created  societies  relative  to  the  laws  and  adminis- 
tration of  the  Government;  proceedings,  in  our  apprehension,  founded  in 
political  error,  calculated,  if  not  intended,  to  disorganize  our  Government, 
and  which,  by  inspiring  delusive  hopes  of  support,  have  been  influential 
in  misleading  our  fellow-citizens  in  the  .scene  of  insurrection. 

In  a  situation  so  delicate  and  important  the  lenient  and  persuasive 
measures  which  you  adopted  merit  and  receive  our  affectionate  approba- 
tion.    These  failing  to  procure  their  proper  effect,  and  coercion  having 


George  Washington  169 

become  inevitable,  we  have  derived  the  highest  satisfaction  from  the 
enhghtened  patriotism  and  animating  zeal  with  which  the  citizens  of 
New  Jersey,  Pennsylvania,  Maryland,  and  Virginia  have  rallied  around 
the  standard  of  Government  in  opposition  to  anarchy  and  insurrection. 

Our  warm  and  cordial  acknowledgments  are  due  to  you,  sir,  for  the 
wisdom  and  decision  with  which  you  arrayed  the  militia  to  execute  the 
public  will,  and  to  them  for  the  disinterestedness  and  alacrity  with  which 
they  obeyed  your  summons. 

The  example  is  precious  to  the  theory  of  our  Government,  and  confers 
the  brightest  honor  upon  the  patriots  who  have  given  it. 

We  shall  readil}^  concur  in  such  further  provisions  for  the  security  of 
internal  peace  and  a  due  obedience  to  the  laws  as  the  occasion  manifestly 
requires. 

The  effectual  organization  of  the  militia  and  a  prudent  attention  to 
the  fortifications  of  our  ports  and  harbors  are  subjects  of  great  national 
importance,  and,  together  with  the  other  measures  you  have  been  pleased 
to  recommend,  will  receive  our  deliberate  consideration. 

The  success  of  the  troops  under  the  command  of  General  Wayne  can 
not  fail  to  produce  essential  advantages.  The  pleasure  with  which  we 
acknowledge  the' merits  of  that  gallant  general  and  army  is  enhanced  by 
the  hope  that  their  victories  will  lay  the  foundation  of  a  just  and  durable 
peace  with  the  Indian  tribes. 

At  a  period  so  momentous  in  the  affairs  of  nations  the  temperate,  just, 
and  firm  policy  that  you  have  pursued  in  respect  to  foreign  powers  has 
been  eminently  calculated  to  promote  the  great  and  essential  interest  of 
our  country,  and  has  created  the  fairest  title  to  the  public  gratitude  and 

thanks. 

JOHN  ADAMS, 

Vice- Preside Jit  of  the  United  States  and  President  of  the  Senate. 

NOVKMBER    21,  1 794. 


REPLY  OF  THE  PRESIDENT. 

Gentlemen:  Among  the  occasions  which  have  been  afforded  for 
expressing  my  sense  of  the  zealous  and  steadfast  cooperation  of  the 
Senate  in  the  maintenance  of  Government,  none  has  yet  occurred  more 
forcibly  demanding  my  unqualified  acknowledgments  than  the  present. 

Next  to  the  consciousness  of  upright  intentions,  it  is  the  highest  pleas- 
ure to  be  approved  by  the  enlightened  representatives  of  a  free  nation. 
With  the  satisfaction,  therefore,  which  arises  from  an  unalterable  attach- 
ment to  public  order  do  I  learn  that  the  Senate  discountenance  those 
proceedings  which  would  arrogate  the  direction  of  our  affairs  without 
any  degree  of  authority  derived  from  the  people. 

It  has  been  more  than  once  the  lot  of  our  Government  to  be  thrown 
into  new  and  delicate  situations,  and  of  these  the  insurrection  has  not 


170  Messages  and  Papers  of  the  Presidents 

been  the  least  important.  Having  been  compelled  at  length  to  lay  aside 
my  repugnance  to  resort  to  arms,  I  derive  much  happiness  from  being 
confirmed  by  your  judgment  in  the  necessity  of  decisive  measures,  and 
from  the  support  of  my  fellow-citizens  of  the  militia,  who  were  the  patri- 
otic instruments  of  that  necessity. 

With  such  demonstrations  of  affection  for  our  Constitution;  with  an 
adequate  organization  of  the  militia;  with  the  establishment  of  necessary 
fortifications;  with  a  continuance  of  those  judicious  and  spirited  exer- 
tions which  have  brought  victory  to  our  Western  army;  with  a  due  atten- 
tion to  public  credit,  and  an  unsullied  honor  toward  all  nations,  we  may 
meet,  under  every  assurance  of  success,   our  enemies  from  within  and 

from  without. 

GO  WASHINGTON. 

November  22,  1794. 

address  of  the  house  of  representatives  to  george 
washington,  president  of  the  united  states. 

Sir  :  The  House  of  Representatives,  calling  to  mind  the  blessings 
enjoyed  by  the  people  of  the  United  States,  and  especially  the  happiness 
of  living  under  constitutions  and  laws  which  rest  on  their  authority  alone, 
could  not  learn  with  other  emotions  than  those  you  have  expressed  that 
any  part  of  our  fellow-citizens  should  have  shewn  themselves  capable  of 
an  insurrection.  And  we  learn  with  the  greatest  concern  that  any  mis- 
representations whatever  of  the  Government  and  its  proceedings,  either 
by  individuals  or  combinations  of  men ,  should  have  been  made  and  so  far 
credited  as  to  foment  the  flagrant  outrage  which  has  been  committed  on 
the  laws.  We  feel  with  you  the  deepest  regret  at  so  painful  an  occur- 
rence in  the  annals  of  our  country.  As  men  regardful  of  the  tender  inter- 
ests of  humanity,  we  look  with  grief  at  scenes  which  might  have  stained 
our  land  with  civil  blood ;  as  lovers  of  public  order,  we  lament  that  it 
has  suffered  so  flagrant  a  violation  ;  as  zealous  friends  of  republican  gov- 
ernment, we  deplore  everj'  occasion  which  in  the  hands  of  its  enemies 
may  be  turned  into  a  calumny  against  it. 

This  aspect  of  the  crisis,  however,  is  happily  not  the  only  one  which 
it  presents.  There  is  another,  which  yields  all  the  consolations  which 
you  have  drawn  from  it.  It  has  demonstrated  to  the  candid  world,  as 
well  as  to  the  American  people  themselves,  that  the  great  body  of  them 
everywhere  are  equally  attached  to  the  luminous  and  vital  principle  of 
our  Constitution,  which  enjoins  that  the  will  of  the  majority  shall 
prevail ;  that  they  understand  the  indissoluble  union  between  true  liberty 
and  regular  government ;  that  they  feel  their  duties  no  less  than  they 
are  watchful  over  their  rights;  that  they  will  be  as  ready  at  all  times 
to  crush  licentiousness  as  they  have  been  to  defeat  usurpation.  In  a 
word,  that  they  are  capable  of  carrying  into  execution  that  noble  plan  of 
self-government  which  they  have  chosen  as  the  guaranty  of  •  their  own 


George  Washington  171 

happiness  and  the  asylum  for  that  of  all,  from  every  cHme,  who  may 
wish  to  unite  their  destiny  with  ours. 

These  are  the  just  inferences  flowing  from  the  promptitude  with  which 
the  summons  to  the  standard  of  the  laws  has  been  obeyed,  and  from  the 
sentiments  which  have  been  witnessed  in  every  description  of  citizens 
in  every  quarter  of  the  Union.  The  spectacle,  therefore,  when  viewed 
in  its  true  light,  may  well  be  affirmed  to  display  in  equal  luster  the  vir- 
tues of  the  American  character  and  the  value  of  republican  govenunent. 
All  must  particularly  acknowledge  and  applaud  the  patriotism  of  that 
portion  of  citizens  who  have  freely  sacrificed  everything  less  dear  than  the 
love  of  their  country  to  the  meritorious  task  of  defending  its  happiness. 

In  the  part  which  you  have  yourself  borne  through  this  delicate  and 
distressing  period  we  trace  the  additional  proofs  it  has  afforded  of  your 
solicitude  for  the  public  good.  Your  laudable  and  successful  endeavors 
to  render  lenity  in  executing  the  laws  conducive  to  their  real  energy,  and 
to  convert  tumult  into  order  without  the  effusion  of  blood,  form  a  par- 
ticular title  to  the  confidence  and  praise  of  your  constituents.  In  all  that 
may  be  found  necessary  on  our  part  to  complete  this  benevolent  purpose, 
and  to  secure  the  ministers  and  friends  of  the  laws  against  the  remains  of 
danger,  our  due  cooperation  will  be  afforded. 

The  other  subjects  which  you  have  recommended  or  communicated, 
and  of  which  several  are  peculiarly  interesting,  will  all  receive  the  atten- 
tion which  they  demand.  We  are  deeply  impressed  with  the  importance 
of  an  effectual  organization  of  the  militia.  We  rejoice  at  the  intelligence 
of  the  advance  and  success  of  the  army  under  the  command  of  General 
Wayne,  whether  we  regard  it  as  a  proof  of  the  perseverance,  prowess,  and 
superiority  of  our  troops,  or  as  a  happy  presage  to  our  military  operations 
against  the  hostile  Indians,  and  as  a  probable  prelude  to  the  establish- 
ment of  a  lasting  peace  upon  terms  of  candor,  equity,  and  good  neigh- 
borhood. We  receive  it  with  the  greater  pleasure  as  it  increases  the 
probability  of  sooner  restoring  a  part  of  the  public  resources  to  the  desir- 
able object  of  reducing  the  public  debt. 

We  shall  on  this,  as  on  all  occasions,  be  disposed  to  adopt  any  meas- 
ures which  may  advance  the  safety  and  prosperity  of  our  countr>-.  In 
nothing  can  we  more  cordially'  unite  with  you  than  in  imploring  the 
Supreme  Ruler  of  Nations  to  multiply  his  blessings  on  these  United 
States;  to  guard  our  free  and  happy  Constitution  against  every  machina- 
tioii  and  danger,  and  to  make  it  the  best  source  of  public  happiness,  by 
verifying  its  character  of  being  the  best  safeguard  of  human  rights. 

November  28,  1794. 

reply  of  the  president. 

Gentlemen:  I  anticipated  with  confidence  the  concurrence  of  the 
House  of  Representatives  in  the  regret  produced  by  the  insurrection. 
Every  effort  ought  to  be  used  to  discountenance  what  has  contributed  to 


172  Messages  and  Papers  of  the  Presidents 

foment  it,  and  thus  discourage  a  repetition  of  like  attempts;  for  notwith- 
standing the  consolations  which  may  be  drawn  from  the  issue  of  this 
event,  it  is  far  better  that  the  artful  approaches  to  such  a  situation  of 
things  should  be  checked  by  the  vigilant  and  duly  admonished  patri- 
otism of  our  fellow-citizens  than  that  the  evil  should  increase  until  it 
becomes  necessary  to  crush  it  by  the  strength  of  their  arm. 

I  am  happy  that  the  part  which  I  have  myself  borne  on  this  occasior 
receives  the  approbation  of  your  House.  For  the  discharge  of  a  consti- 
tutional duty  it  is  a  sufficient  reward  to  me  to  be  assured  that  you  will 
unite  in  consummating  what  remains  to  be  done. 

I  feel  also  great  satisfaction  in  learning  that  the  other  subjects  which 
I  have  communicated  or  recommended  will  meet  with  due  attention ; 
that  you  are  deeply  impressed  with  the  importance  of  an  effectual  organ- 
ization of  the  militia,  and  that  the  advance  and  success  of  the  army 
under  the  command  of  General  Wayne  is  regarded  by  you,  no  less  than 
myself,  as  a  proof  of  the  perseverance,  prowess,  and  superiority  of  our 
troops. 

GP  WASHINGTON. 

November  29,  1794. 


SPECIAL  MESSAGES. 

United  States,  November  21,  1794.. 
Gentlemen  of  the  Senate  and  of  the  House  of  Representatives: 

I  lay  before  Congress  copies  of  a  letter  from  the  governor  of  the  State 
of  New  York  and  of  the  exemplification  of  an  act  of  the  legislature 
thereof  ratifying  the  amendment  of  the  Constitution  of  the  United 
States  proposed  by  the  Senate  and  House  of  Representatives  at  their 
last  session,  respecting  the  judicial  power. 

G9  WASHINGTON. 


United  States,  November  21,  1794. 
Gentlemen  of  the  Senate: 

In  the  negotiation  between  the  United  States  and  His  Catholic  Majesty 
I  have  received  satisfactory  proofs  of  attention  and  ability  exerted  in 
behalf  of  the  United  States  to  bring  it  to  a  happy  and  speedy  issue. 
But  it  is  probable  that  by  complying  with  an  intimation  made  to  the 
Secretary  of  State  by  the  commissioners  of  His  Catholic  Majesty  much 
further  delay  in  concluding  it  may  be  prevented.  Notwithstanding, 
therefore,  I  retain  full  confidence  in  our  minister  resident  at  Madrid,  who 
is  charged  with  powers  as  commissioner  plenipotentiary,  I  nominate 
Thotnas  Pinckney  to  be  envoy  extraordinary  of  the  United  States  to 


George  Washington  173 

His  Catholic  Majesty,  for  the  purpose  of  negotiating  of  and  concerning 
the  navigation  of  the  river  Mississippi,  and  such  other  matters  relative  to 
the  confines  of  their  territories,  and  the  intercourse  to  be  had  thereon, 
as  the  mutual  interests  and  general  harmony  of  neighboring  and  friendly 
nations  require  should  be  precisely  adjusted  and  regulated,  and  of  and 
concerning  the  general  commerce  between  the  United  States  and  the 
kingdoms  and  dominions  of  his  said  Catholic  Majesty. 

It  is  believed  that  by  his  temporary  absence  from  London  in  the  dis- 
charge of  these  new  functions  no  injury  will  arise  to  the  United  States. 

I  also  nominate  : 

John  Miller  Russell,  of  Massachusetts,  to  be  consul  of  the  United  States 
of  America  for  the  port  of  St.  I'etersburg,  in  Russia,  and  for  such  other 
places  as  shall  be  nearer  to  the  said  port  than  to  the  residence  of  any 
other  consul  or  vice-consul  of  the  United  States  within  the  same  alle- 
giance ; 

Joseph  Pitcaim,  of  New  York,  to  be  vice-consul  of  the  United  States  of 
America  at  Paris,  vice  Alexander  Duvernet,  superseded;  and 

Nathaniel  Brush,  of  Vermont,  to  be  supervisor  for  the  United  States  in 
the  district  of  Vermont,  vice  Noah  Smith,  who  has  resigned. 

GO  WASHINGTON. 

United  States,  November  25,  1794.. 
Gentlemen  of  the  Senate  and  of  the  House  of  Representatives: 

I  lay  before  you  a  statement  of  the  troops  in  the  service  of  the  United 
States,  which  has  been  submitted  to  me  by  the  Secretary  of  "War.  It  will 
rest  with  Congress  to  consider  and  determine  whether  further  induce- 
ments shall  be  held  out  for  entering  into  the  mihtary  service  of  the  United 
States  in  order  to  complete  the  establishment  authorized  by  law. 

GO  WASHINGTON. 

United  States,  December  ly,  1794.. 
Gentlemen  of  the  Senate  and  of  the  House  of  Representatives: 

I  lay  before  Congress  copies  of  the  journal  of  the  proceedings  of  the 
executive  department  of  the  government  of  the  United  States  south  of 
the  river  Ohio  to  the  ist  of  September,  1794. 

GO  WASHINGTO^f. 

United  States,  December  jo,  1794.. 
Gentlemen  of  the  Senate  and  of  the  House  of  Representatives: 

I  lay  before  you  a  report,  made  to  me  by  the  Secretary  of  War,  respect- 
ing the  frontiers  of  the  United  States.  The  disorders  and  the  great 
expenses  which  incessantly  arise  upon  the  frontiers  are  of  a  nature  and 
magnitude  to  excite  the  most  serious  considerations, 


174  Messages  and  Papers  of  the  Presidents 

I  feel  a  confidence  that  Congress  will  devise  such  constitutional  and 

efficient  measures  as  shall  be  equal  to  the  great  objects  of  preserving  our 

treaties  with  the  Indian  tribes  and  of  affording  an  adequate  protection  to 

our  frontiers. 

GP  WASHINGTON 


United  States,  January  2,  1795. 
Gentlemen  of  the  Senate: 

A  spirit  of  discontent,  from  several  causes,  arose  in  the  early  part  of 
the  present  year  among  the  Six  Nations  of  Indians,  and  particularly  on 
the  ground  of  a  projected  settlement  by  Pennsylvania,  at  Presque  Isle, 
upon  Lake  Erie.  The  papers  upon  this  point  have  already  been  laid 
before  Congress.  It  was  deemed  proper  on  my  part  to  endeavor  to 
tranquillize  the  Indians  by  pacific  measures.  Accordingly  a  time  and 
place  was  appointed  at  which  a  free  conference  should  be  had  upon  all 
the  causes  of  discontent,  and  an  agent  was  appointed  with  the  instruc- 
tions of  which  No.  I,  herewith  transmitted,  is  a  copy. 

A  numerous  assembly  of  Indians  was  held  in  Canandaigua,  in  the 
State  of  New  York  the  proceedings  whereof  accompany  this  message, 
marked  No.  2. 

The  two  treaties,  the  one  with  the  Six  Nations  and  the  other  with  the 
Oneida,  Tuscorora,  and  Stockbridge  Indians  dwelling  in  the  country  of 
the  Oneidas,  which  have  resulted  from  the  mission  of  the  agent,  are 
herewith  laid  before  the  Senate  for  their  consideration  and  advice. 

The  original  engagement  of  the  United  States  to  the  Oneidas  is  also 
sent  herewith. 

GP  WASHINGTON. 


United  States, /awwarj/  8,  1795. 
Gentlemen  of  the  Senate  and  of  the  House  of  Representatives: 

I  lay  before  Congress  copies  of  acts  passed  by  the  legislatures  of  the 
States  of  Vermont,  Massachusetts,  and  New  York,  ratifying  the  amend- 
ment proposed  by  the  Senate  and  House  of  Representatives  at  their  last 
session  to  the  Constitution  of  the  United  States  respecting  the  judicial 
power  thereof. 

The  minister  of  the  French  Republic  having  communicated  to  the 
Secretary-  of  State  certain  proceedings  of  the  committee  of  public  .safety 
respecting  weights  and  measures,  I  lay  these  also  before  Congress. 

The  letter  from  the  governor  of  the  Western  territory,  copies  of  which 
are  now  transmitted,  refers  to  a  defect  in  the  judicial  .system  of  that 
territory  deserving  the  attention  of  Congress. 

The  necessary  absence  of  the  judge  of  the  di.strict  of  Penn.sylvania 
upon  business  connected  with  the  late  insurrection  is  stated  by  him  in 


George  Washington  175 

a  letter  of  which  I  forward  copies  to  have  produced  certain  interrup- 
tions in  the  judicial  proceedings  of  that  district  which  can  not  be  removed 

without  the  interposition  of  Congress. 

GO  WASHINGTON. 

United  States,  February  4,  1795. 
Gentlemen  of  the  Se?iate  ajid  of  the  House  of  Representatives: 

I  lay  before  Congress,  for  their  consideration,  a  letter  from  the  Secre- 
tary of  State  upon  the  subject  of  a  loan  which  is  extremely  interesting 
and  urgent. 

G9  WASHINGTON. 

United  States,  February  17,  1795. 
Gentlemen  of  the  Senate  and  of  the  House  of  Representatives: 

I  transmit  to  Congress  copies  of  a  letter  from  the  governor  of  the 
State  of  New  Hampshire  and  of  an  act  of  the  legislature  thereof  ' '  rati- 
fying the  article  proposed  in  amendment  to  the  Constitution  of  the  United 
States  respecting  the  judicial  power." 

I  also  lay  before  Congress  copies  of  a  letter  from  the  governor  of  the 
State  of  North  Carolina  and  of  an  act  of  the  legislature  thereof  ceding 
to  the  United  States  certain  lands  upon  the  conditions  therein  mentioned. 

GO  WASHINGTON. 

United  States,  February  17,  1795. 
Gentlemen  of  the  Senate  and  of  the  House  of  Representatives: 

I  have  received  copies  of  two  acts  of  the  legislature  of  Georgia,  one 
passed  on  the  28th  day  of  December  and  the  other  on  the  7th  day  of 
January  last,  for  appropriating  and  selling  the  Indian  lands  within  the 
territorial  limits  claimed  by  that  State.  These  copies,  though  not  offi- 
cially certified,  have  been  transmitted  to  me  in  such  a  manner  as  to  leave 
no  room  to  doubt  their  authenticity.  These  acts  embrace  an  object  of 
such  magnitude,  and  in  their  consequences  may  so  deeply  affect  the  peace 
and  welfare  of  the  United  States,  that  I  have  thought  it  necessary  now 
to  lay  them  before  Congress. 

In  confidence,  I  also  forward  copies  of  several  documents  and  papers 
received  from  the  governor  of  the  Southwestern  territory.  By  these  it 
seems  that  hostilities  with  the  Cherokees  have  ceased,  and  that  there  is 
a  pleasing  prospect  of  a  permanent  peace  with  that  nation  ;  but  from  all 
the  communications  of  the  governor  it  appears  that  the  Creeks,  in  small 
parties,  continue  their  depredations,  and  it  is  uncertain  to  what  they  may 
finally  lead. 

The  several  papers  now  communicated  deser\'e  the  immediate  attention 
of  Congress,  who  will  consider  how  far  the  subjects  of  them  may  require 
their  cooperation. 

P9  WASHINGTON. 


176  Messages  and  Papers  of  the  Presidents 

United  States,  February  25,  1795. 
Gentlemen  of  the  Senate  and  of  tlie  House  of  Representatives: 

I  communicate  to  Congress  copies  of  a  letter  from  the  governor  of  the 
State  of  Georgia  and  of  an  act  of  the  legislature  thereof  ' '  to  ratify  the 
resolution  of  Congress  explanatory  of  the  judicial  power  of  the  United 

States  ' ' 

G9  WASHINGTON. 


United  States,  February  28,  1795. 
Gentlemen  of  the  Senate  and  of  the  House  of  Representatives: 

In  my  first  communication  to  Congress  during  their  present  session  I 
gave  them  reason  to  expect  that  "certain  circumstances  of  our  intercourse 
with  foreign  nations ' '  would  be  transmitted  to  them.  There  was  at  that 
time  every  assurance  for  believing  that  some  of  the  most  important  of 
our  foreign  affairs  would  have  been  concluded  and  others  considerably 
matured  before  they  should  rise.  But  notwithstanding  I  have  waited 
until  this  moment,  it  has  so  happened  that,  either  from  causes  unknown 
to  me  or  from  events  which  could  not  be  controlled,  I  am  yet  unable  to 
execute  my  original  intention.  That  I  may,  however,  fulfill  the  expecta- 
tion given  as  far  as  the  actual  situation  of  things  will  in  my  judgment 
permit,  I  now^  in  confidence^  lay  before  Congress  the  following  general 
statement: 

Our  minister  near  the  French  Republic  has  urged  compensation  for 
the  injuries  which  our  commerce  has  sustained  from  captures  by  French 
cruisers,  from  the  nonfulfillment  of  the  contracts  of  the  agents  of  that 
Republic  with  our  citizens,  and  from  the  embargo  at  Bordeaux.  He  has 
also  pressed  an  allowance  for  the  money  voted  by  Congress  for  relieving 
the  inhabitants  of  St.  Domingo.  It  affords  me  the  highest  pleasure  to 
inform  Congress  that  perfect  harmony  reigns  between  the  two  Republics, 
and  that  those  claims  are  in  a  train  of  being  discussed  with  candor  and 
of  being  amicably  adjusted. 

So  much  of  our  relation  to  Great  Britain  may  depend  upon  the  result 
of  our  late  negotiations  in  London  that  until  that  result  shall  arrive  I 
can  not  undertake  to  make  any  communication  upon  this  subject. 

After  the  negotiation  with  Spain  had  been  long  depending  unusual 
and  unexpected  embarrassments  were  raised  to  interrupt  its  progress. 
But  the  commissioner  of  His  Catholic  Majesty  near  the  United  States 
having  declared  to  the  Secretary  of  State  that  if  a  particular  accommoda- 
tion should  be  made  in  the  candticting  of  the  business  no  further  delay 
would  ensue,  I  thought  proper,  under  all  circumstances,  to  send  to  His 
Catholic  Majesty  an  envoy  extraordinary  specially  charged  to  bring  to 
a  conclusion  the  discussions  which  have  been  formerly  announced  to 
Congress. 

The  friendship  of  Her  Most  Faithfvil  Majesty  has  been  often  manifested 


George  Washington  177 

in  checking  the  passage  of  the  Algerine  corsairs  into  the  Atlantic  Ocean. 
She  has  also  furnished  occasional  convoys  to  the  vessels  of  the  United 
States,  even  when  bound  to  other  ports  than  her  own.  We  may  there- 
fore promise  ourselves  that,  as  in  the  ordinary  course  of  things  few 
causes  can  exist  for  dissatisfaction  between  the  United  States  and  Portu- 
gal, so  the  temper  with  which  accidental  difficulties  will  be  met  on  each 
side  will  speedily  remove  them. 

Between  the  Executive  of  the  United  States  and  the  Government  of 
the  United  Netherlands  but  little  intercourse  has  taken  place  during  the 
last  year.  It  may  be  acceptable  to  Congress  to  learn  that  our  credit  in 
Holland  is  represented  as  standing  upon  the  most  respectable  footing. 

Upon  the  death  of  the  late  Emperor  of  Morocco  an  agent  was  dis- 
patched to  renew  with  his  successor  the  treaty  which  the  United  States 
had  made  with  him.  The  agent,  unfortunately,  died  after  he  had  reached 
Europe  in  the  prosecution  of  his  mission.  But  until  lately  it  was  impossi- 
ble to  determine  with  any  degree  of  probability  who  of  the  competitors  for 
that  Empire  would  be  ultimately  fixed  in  the  supreme  power.  Although 
the  measures  which  have  been  since  adopted  for  the  renewal  of  the  treaty 
have  been  obstructed  by  the  disturbed  situation  of  Amsterdam ,  there  are 
good  grounds  for  presuming  as  yet  upon  the  pacific  disposition  of  the 
Emperor,  in  fact,  toward  the  United  States,  and  that  the  past  miscarriage 
will  be  shortly  remedied. 

Congress  are  already  acquainted  with  the  failure  of  the  loan  attempted 
in  Holland  for  the  relief  of  our  unhappy  fellow-citizens  in  Algiers.  This 
subject,  than  which  none  deserves  a  more  affectionate  zeal,  has  constantly 
commanded  my  best  exertions.  I  am  happy,  therefore,  in  being  able  to 
say  that  from  the  last  authentic  accounts  the  Dey  was  disposed  to  treat 
for  a  peace  and  ransom,  and  that  both  would  in  all  probability  have  been 
accomplished  had  we  not  been  disappointed  in  the  means.  Nothing 
which  depends  upon  the  Executive  shall  be  left  undone  for  carrying  into 
immediate  effect  the  supplementary  act  of  Congress. 

GO  WASHINGTON. 


United  States,  March  2,  1795. 
Gentlemen  of  the  Senate  and  of  the  House  of  Representatives: 

It  appears  from  the  information  which  I  have  lately  received  that  it 
may  be  probably  necessary  to  the  more  successful  conduct  of  our  affairs 
on  the  coast  of  Barbary  that  one  consul  should  reside  in  Morocco, 
another  in  Algiers,  and  a  third  in  Tunis  or  Tripoli,  As  no  appointment 
for  these  offices  will  be  accepted  without  some  emolument  annexed,  I 
submit  to  the  consideration  of  Congress  whether  it  may  not  be  advisable 
to  authorize  a  stipend  to  be  allowed  to  two  consuls  for  that  coast  in 
addition  to  the  one  already  existing. 

G9  WASHINGTON. 
M  P — vol,  I — 12 


1 78  Messages  and  Papers  of  the  Presidents 

United  States,  March  2,  1795. 
Gentlemen  of  the  Senate  and  of  the  House  of  Representatives: 

I  transmit  to  you  copies  of  a  letter  from  the  governor  of  the  State  of 
Delaware  and  of  an  act  inclosed  ' '  declaring  the  assent  of  that  State  to  an 
amendment  therein  mentioned  to  the  Constitution  of  the  United  States. ' ' 

G9  WASHINGTON. 

United  States,  fune  8,  1795.^ 
Gentlemen  of  the  Senate: 

In  pursuance  of  my  nomination  of  John  Jay  as  envoy  extraordinary  to 
His  Britannic  Majesty  on  the  i6th  day  of  April,  1794,  and  of  the  advice 
and  consent  of  the  Senate  thereto  on  the  19th,  a  negotiation  was  opened 
in  London.  On  the  7th  of  March,  1795,  the  treaty  resulting  therefrom 
was  delivered  to  the  Secretary  of  State.  I  now  transmit  to  the  Senate 
that  treaty  and  other  documents  connected  with  it.  They  will,  therefore, 
in  their  wisdom  decide  whether  they  will  advise  and  consent  that  the  said 
treaty  be  made  between  the  United  States  and  His  Britannic  Majesty. 

GO  WASHINGTON. 

United  States, /?^«^  2^,  1795. 
Gentlemen  of  the  Senate: 

It  has  been  represented  by  our  minister  plenipotentiary  near  the 
French  Republic  that  such  of  our  commercial  relations  with  France  as 
may  require  the  support  of  the  United  States  in  detail  can  not  be  well 
executed  without  a  consul-general.  Of  this  I  am  satisfied  when  I 
consider  the  extent  of  the  mercantile  claims  now  depending  before  the 
French  Government,  the  necessity  of  bringing  into  the  hands  of  one 
agent  the  various  applications  to  the  several  committees  of  administration 
residing  at  Paris,  the  attention  which  must  be  paid  to  the  conduct  of 
consuls  and  vice-consuls,  and  the  nature  of  the  services  which  are  the 
peculiar  objects  of  a  minister's  care,  and  leave  no  leisure  for  his  inter- 
vention in  business  to  which  consular  functions  are  competent.  I 
therefore  nominate  Fulwar  Skipwith  to  be  consul-general  of  the  United 
states  in  France.  ^^  WASHINGTON. 

United  States, /m«^  25,  1795. 
Gentlemen  of  the  Senate: 

Just  at  the  close  of  the  last  session  of  Congress  I  received  from  one 
of  the  Senators  and  one  of  the  Representatives  of  the  State  of  Georgia  an 
application  for  a  treaty  to  be  held  with  the  tribes  or  nations  of  Indians 
claiming  the  right  of  soil  to  certain  lands  lying  beyond  the  present 
temporar>'  boundary  line  of  that  State,  and  which  were  described  in  an 
act  of  the  legislature  of  Georgia  passed  on  the  28th  of  December  last, 

♦  For  proclamation  convening  Senate  in  extraordinary  session  see  p.  587. 


George  Washington  179 

which  has  already  been  laid  before  the  Senate.  This  application  and  the 
subsequent  correspondence  with  the  governor  of  Georgia  are  herewith 
transmitted.  The  subject  being  very  important,  I  thought  proper  to 
postpone  a  decision  upon  that  application.  The  views  I  have  since  taken 
of  the  matter,  with  the  information  received  of  a  more  pacific  disposition 
on  the  part  of  the  Creeks,  have  induced  me  now  to  accede  to  the  request, 
but  with  this  explicit  declaration,  that  neither  my  assent  nor  the  treaty 
which  may  be  made  shall  be  considered  as  affecting  any  question  which 
may  arise  upon  the  supplementary  act  passed  by  the  legislature  of  the 
State  of  Georgia  on  the  7th  of  January  last,  upon  which  inquiries  have 
been  instituted  in  pursuance  of  a  resolution  of  the  Senate  and  House  of 
Representatives,  and  that  any  cession  or  relinquishment  of  the  Indian 
claims  shall  be  made  in  the  general  terms  of  the  treaty  of  New  York,  which 
are  contemplated  as  the  form  proper  to  be  generally  used  on  such  occa- 
sions, and  on  the  condition  that  one-half  of  the  expense  of  the  supplies 
of  provisions  for  the  Indians  assembled  at  the  treaty  be  borne  by  the 
State  of  Georgia. 

Having  concluded  to  hold  the  treaty  requested  by  that  State,  I  was 
willing  to  embrace  the  opportunity  it  would  present  of  inquiring  into  the 
causes  of  the  dissatisfaction  of  the  Creeks  which  has  been  manifested 
since  the  treaty  of  New  York  by  their  numerous  and  distressing  depre- 
dations on  our  Southwestern  frontiers.  Their  depredations  on  the  Cum- 
berland have  been  so  frequent  and  so  peculiarly  destructive  as  to  lead 
me  to  think  they  must  originate  in  some  claim  to  the  lands  upon  that 
river.  But  whatever  may  have  been  the  cause,  it  is  important  to  trace  it 
to  its  source;  for,  independent  of  the  destruction  of  lives  and  property, 
it  occasions  a  very  serious  annual  expense  to  the  United  States.  The 
commissioners  for  holding  the  proposed  treaty  will,  therefore,  be  instructed 
to  inquire  into  the  causes  of  the  hostilities  to  which  I  have  referred,  and 
to  enter  into  such  reasonable  stipulations  as  will  remove  them  and  give 
permanent  peace  to  those  parts  of  the  United  States. 

I  now  nominate  Benjamin  Hawkins,  of  North  Carolina ;  George  Clymer, 
of  Pennsylvania,  and  Andrew  Pickens,  of  South  Carolina,  to  be  commis- 
sioners to  hold  a  treaty  with  the  Creek  Nation  of  Indians,  for  the  purposes 
hereinbefore  expressed. 

G9  WASHINGTON. 


PROCLAMATIONS. 

By  the  President  of  the  United  States  of  America. 

a  proclamation. 

When  we  review  the  calamities  which  afflict  so  many  other  nations, 
the  present  condition  of  the  United  States  affords  much  matter  of  conso- 
lation and  satisfaction.     Our  exemption  hitherto  from  foreign  war,  an 


i8o  Messages  and  Papers  of  ike  Presidents 

increasing  prospect  of  the  continuance  of  that  exemption,  the  great 
degree  of  internal  tranquilHty  we  have  enjoyed,  the  recent  confirmation 
of  that  tranquilHty  by  the  suppression  of  an  insurrection  which  so  wan- 
tonly threatened  it,  the  happy  course  of  our  public  affairs  in  general,  the 
unexampled  prosperity  of  all  classes  of  our  citizens,  are  circumstances 
which  peculiarly  mark  our  situation  with  indications  of  the  Divine 
beneficence  toward  us.  In  such  a  state  of  things  it  is  in  an  especial 
manner  our  duty  as  a  people,  with  devout  reverence  and  affectionate 
gratitude,  to  acknowledge  our  many  and  great  obligations  to  Almighty 
God  and  to  implore  Him  to  continue  and  confirm  the  blessings  we 
experience. 

Deeply  penetrated  with  this  sentiment,  I,  George  Washington,  Presi- 
dent of  the  United  States,  do  recommend  to  all  religious  societies  and 
denominations,  and  to  all  persons  whomsoever,  within  the  United  States 
to  set  apart  and  observe  Thursday,  the  19th  day  of  February  next, 
as  a  day  of  public  thanksgiving  and  prayer,  and  on  that  day  to  meet 
together  and  render  their  sincere  and  hearty  thanks  to  the  Great  Ruler 
of  Nations  for  the  manifold  and  signal  mercies  which  distinguish  our  lot 
as  a  nation,  particularly  for  the  possession  of  constitutions  of  govern- 
ment which  unite  and  by  their  union  establish  liberty  with  order;  for 
the  preservation  of  our  peace,  foreign  and  domestic;  for  the  seasonable 
control  which  has  been  given  to  a  spirit  of  disorder  in  the  suppression  of 
the  late  insurrection,  and  generally,  for  the  prosperous  course  of  our 
affairs,  public  and  private;  and  at  the  same  time  humblj^  and  fervently 
to  beseech  the  kind  Author  of  these  blessings  graciously  to  prolong  them 
to  us;  to  imprint  on  our  hearts  a  deep  and  solemn  sense  of  our  obliga- 
tions to  Him  for  them;  to  teach  us  rightly  to  estimate  their  immense 
value;  to  preserve  us  from  the  arrogance  of  prosperity,  and  from  hazard- 
ing the  advantages  we  enjoy  by  delusive  pursuits;  to  dispose  us  to  merit 
the  continuance  of  His  favors  by  not  abusing  them;  by  our  gratitude  for 
them,  and  by  a  correspondent  conduct  as  citizens  and  men;  to  render 
this  country  more  and  more  a  safe  and  propitious  asylum  for  the  unfortu- 
nate of  other  countries;  to  extend  among  us  true  and  useful  knowledge; 
to  diffuse  and  establish  habits  of  sobriety,  order,  morality,  and  piety,  and 
finally,  to  impart  all  the  blessings  we  possess,  or  ask  for  ourselves,  to 
the  whole  family  of  mankind. 

In  testimony  whereof  I  have  caused  the  seal  of  the  United  States  of 
America  to  be  affixed  to  these  presents,  and  signed  the  same 
with  my  hand. 
[seal.]  Done  at  the  city  of  Philadelphia,  the  ist  day  of  January, 
1795,  and  of  the  Independence  of  the  United  States  of  America 
the  nineteenth. 

G9  WASHINGTON. 

By  the  President: 

Edm:  Randolph. 


George  Washington  i8i 

[From  Sparks's  Washington,  Vol.  XII,  p.  134.] 
PROCLAMATION. 

Whereas  the  commissioners  appointed  by  the  President  of  the  United 
States  to  confer  with  the  citizens  in  the  western  counties  of  Pennsylvania 
during  the  late  insurrection  which  prevailed  therein,  by  their  act  and 
agreement  bearing  date  the  2d  day  of  September  last,"  in  pursuance  of 
the  powers  in  them  vested,  did  promise  and  engage  that,  if  assurances 
of  submission  to  the  laws  of  the  United  States  should  be  bona  fide  given 
by  the  citizens  resident  in  the  fourth  survey  of  Pennsylvania,  in  the 
manner  and  within  the  time  in  the  said  act  and  agreement  specified,  a 
general  pardon  should  be  granted  on  the  loth  day  of  July  then  next 
ensuing  of  all  treasons  and  other  indictable  offenses  against  the  United 
States  committed  within  the  said  survey  before  the  2 2d  day  of  August 
last,  excluding  therefrom,  nevertheless,  every  person  who  should  refuse 
or  neglect  to  subscribe  such  assurance  and  engagement  in  manner  afore- 
said, or  who  should  after  such  subscription  \nolate  the  same,  or  willfully 
obstruct  or  attempt  to  obstruct  the  execution  of  the  acts  for  raising  a 
revenue  on  distilled  spirits  and  stills,  or  be  aiding  or  abetting  therein; 
and 

Whereas  I  have  since  thought  proper  to  extend  the  said  pardon  to 
all  persons  guilty  of  the  said  treasons,  misprisions  of  treasons,  or  other- 
wise concerned  in  the  late  insurrection  within  the  survey  aforesaid  who 
have  not  since  been  indicted  or  convicted  thereof,  or  of  any  other  offense 
against  the  United  States: 

Therefore  be  it  known  that  I,  George  Washington,  President  of  the 
said  United  States,  have  granted,  and  by  these  presents  do  grant,  a  full, 
free,  and  entire  pardon  to  all  persons  (excepting  as  is  hereinafter 
excepted)  of  all  treasons,  misprisions  of  treason,  and  other  indictable 
offenses  against  the  United  States  committed  within  the  fourth  survey 
of  Pennsylvania  before  the  said  2 2d  day  of  August  last  past,  excepting 
and  excluding  therefrom,  nevertheless,  every  person  who  refused  or 
neglected  to  give  and  subscribe  the  said  assurances  in  the  manner  afore- 
said (or  having  subscribed  hath  violated  the  same)  and  now  standeth 
indicted  or  convicted  of  any  treason,  misprision  of  treason,  or  other 
offense  against  the  said  United  States,  hereby  remitting  and  releasing 
unto  all  persons,  except  as  before  excepted,  all  penalties  incurred,  or  sup- 
posed to  be  incurred,  for  or  on  account  of  the  premises. 

In  testimony  whereof  I  have  hereunto  set  my  hand  and  caused  the 

seal  of  the  United  States  to  be  affixed,  this  loth  day  of  July, 

[seal.]     a.  D.  1795,  and  the  twentieth  year  of  the  Independence  of  the 

said  United  States. 

G9  WASHINGTON. 


1 82  Messages  and  Papers  of  the  Presidents 

SEVENTH  ANNUAL  ADDRESS. 

United  States,  Decembers,  1795. 
Fellow- Citizens  of  the  Senate  and  of  the  House  of  Representatives: 

I  trust  I  do  not  deceive  myself  when  I  indulge  the  persuasion  that 
I  have  never  met  you  at  any  period  when  more  than  at  the  present  the 
situation  of  our  public  affairs  has  afforded  just  cause  for  mutual  congrat- 
ulation, and  for  inviting  you  to  join  with  me  in  profound  gratitude  to 
the  Author  of  all  Good  for  the  numerous  and  extraordinary  blessings  we 
enjoy. 

The  termination  of  the  long,  expensive,  and  distressing  war  in  which 
we  have  been  engaged  with  certain  Indians  northwest  of  the  Ohio  is 
placed  in  the  option  of  the  United  States  by  a  treaty  which  the  com- 
mander of  our  army  has  concluded  provisionally  with  the  hostile  tribes 
in  that  region. 

In  the  adjustment  of  the  terms  the  satisfaction  of  the  Indians  was 
deemed  an  object  worthy  no  less  of  the  pohcy  than  of  the  liberality  of 
the  United  States  as  the  necessary  basis  of  durable  tranquillity.  The 
object,  it  is  believed,  has  been  fully  attained.  The  articles  agreed  upon 
will  immediately  be  laid  before  the  Senate  for  their  consideration. 

The  Creek  and  Cherokee  Indians,  who  alone  of  the  Southern  tribes 
had  annoyed  our  frontiers,  have  lately  confirmed  their  preexisting  trea- 
ties with  us,  and  were  giving  evidence  of  a  sincere  disposition  to  carry 
them  into  effect  by  the  surrender  of  the  prisoners  and  property  they  had 
taken.  But  we  have  to  lament  that  the  fair  prospect  in  this  quarter 
has  been  once  more  clouded  by  wanton  murders,  which  some  citizens  of 
Georgia  are  represented  to  have  recently  perpetrated  on  hunting  parties 
of  the  Creeks,  which  have  again  subjected  that  frontier  to  disquietude 
and  danger,  which  will  be  productive  of  further  expense,  and  may  occa- 
sion more  effusion  of  blood.  Measures  are  pursuing  to  prevent  or  miti- 
gate the  usual  consequences  of  such  outrages,  and  with  the  hope  of  their 
succeeding  at  least  to  avert  general  hostilitj-. 

A  letter  from  the  Emperor  of  Morocco  announces  to  me  his  recognition 
of  our  treaty  made  with  his  father,  the  late  Emperor,  and  consequently 
the  continuance  of  peace  with  that  power.  With  pecuhar  satisfaction  I 
add  that  information  has  been  received  from  an  agent  deputed  on  our  part 
to  Algiers  importing  that  the  terms  of  the  treaty  with  the  Dey  and  Regency 
of  that  country  had  been  adjusted  in  such  a  manner  as  to  authorize  the 
expectation  of  a  speedy  peace  and  the  restoration  of  our  unfortunate 
fellow-citizens  from  a  grievous  captivity. 

The  latest  advices  from  our  envoy  at  the  Court  of  Madrid  give,  more- 
over, the  pleasing  information  that  he  had  received  assurances  of  a  speedy 
and  satisfactory  conclusion  of  his  negotiation.     While  the  event  depend- 


George  Washington  183 

ing  upon  unadjusted  particulars  can  not  be  regarded  as  ascertained,  it  is 
agreeable  to  cherish  the  expectation  of  an  issue  which,  securing  amicably 
very  essential  interests  of  the  United  States,  will  at  the  same  time  lay 
the  foundation  of  lasting  harmony  with  a  power  whose  friendship  we 
have  uniformly  and  sincerely  desired  to  cultivate. 

Though  not  before  officially  disclosed  to  the  House  of  Representatives, 
you,  gentlemen,  are  all  apprised  that  a  treaty  of  amity,  commerce,  and 
navigation  has  been  negotiated  with  Great  Britain,  and  that  the  Senate 
have  advised  and  consented  to  its  ratification  upon  a  condition  which 
excepts  part  of  one  article.  Agreeably  thereto,  and  to  the  best  judgment 
I  was  able  to  form  of  the  public  interest  after  full  and  mature  deUbera- 
tion,  I  have  added  my  sanction.  The  result  on  the  part  of  His  Britannic 
Majesty  is  unknown.  When  received,  the  subject  will  without  delay  be 
placed  before  Congress. 

This  interesting  summary  of  our  affairs  with  regard  to  the  foreign 
powers  between  whom  and  the  United  States  controversies  have  sub- 
sisted, and  with  regard  also  to  those  of  our  Indian  neighbors  wdth  whom 
we  have  been  in  a  state  of  enmity  or  misunderstanding,  opens  a  wide 
field  for  consoling  and  gratifying  reflections.  If  by  prudence  and  mod- 
eration on  every  side  the  extinguishment  of  all  the  causes  of  external 
discord  which  have  heretofore  menaced  our  tranquillity,  on  terms  com- 
patible with  our  national  rights  and  honor,  shall  be  the  happy  result, 
how  firm  and  how  precious  a  foundation  will  have  been  laid  for  acceler- 
ating, maturing,  and  establishing  the  prosperity  of  our  countr>\ 

Contemplating  the  internal  situation  as  well  as  the  external  relations 
of  the  United  States,  we  discover  equal  cause  for  contentment  and  satis- 
faction. While  many  of  the  nations  of  Europe,  with  their  American 
dependencies,  have  been  involved  in  a  contest  unusually  bloody,  exhaust- 
ing, and  calamitous,  in  which  the  evils  of  foreign  war  have  been  aggra- 
vated by  domestic  convulsion  and  insurrection;  in  which  many  of  the 
arts  most  useful  to  society  have  been  exposed  to  discouragement  and 
decay;  in  which  scarcity  of  subsistence  has  imbittered  other  sufferings; 
while  even  the  anticipations  of  a  return  of  the  blessings  of  peace  and 
repose  are  alloyed  by  the  sense  of  heavy  and  accumulating  burthens, 
which  press  upon  all  the  departments  of  industry  and  threaten  to  clog  the 
future  springs  of  government,  our  favored  country,  happy  in  a  striking 
contrast,  has  enjoyed  general  tranquillity — a  tranquillity  the  more  sat- 
isfactory because  maintained  at  the  expense  of  no  duty.  Faithful  to 
ourselves,  we  have  violated  no  obligation  to  others.  Our  agriculture, 
commerce,  and  manufactures  prosper  beyond  former  example,  the  moles- 
tations of  our  trade  (to  prevent  a  continuance  of  which,  however,  very 
pointed  remonstrances  have  been  made)  being  overbalanced  by  the  aggre- 
gate benefits  which  it  derives  from  a  neutral  position.  Our  population 
advances  with  a  celerity  which,  exceeding  the  most  sanguine  calculations, 
proportionally  augments  our  strength  and  resources,  and  guarantees  our 


184  Messages  and  Papers  of  the  Presidents 

future  security.  Every  part  of  the  Union  displays  indications  of  rapid 
and  various  improvement;  and  with  burthens  so  light  as  scarcely  to  be 
perceived,  with  resources  fully  adequate  to  our  present  exigencies,  with 
governments  founded  on  the  genuine  principles  of  rational  liberty,  and 
with  mild  and  wholesome  laws,  is  it  too  much  to  say  that  our  country 
exhibits  a  spectacle  of  national  happiness  never  surpassed,  if  ever  before 
equaled  ? 

Placed  in  a  situation  everj'  way  so  auspicious,  motives  of  commanding 
force  impel  us,  with  sincere  acknowledgment  to  Heaven  and  pure  love  to 
our  country,  to  unite  our  efforts  to  preserve,  prolong,  and  improve  our 
immense  advantages.  To  cooperate  with  you  in  this  desirable  work  is  a 
fervent  and  favorite  wish  of  my  heart. 

It  is  a  valuable  ingredient  in  the  general  estimate  of  our  welfare  that 
the  part  of  our  country  which  was  lately  the  scene  of  disorder  and  insiu-- 
rection  now  enjoys  the  blessings  of  quiet  and  order.  The  misled  have 
abandoned  their  errors,  and  pay  the  respect  to  our  Constitution  and  laws 
which  is  due  from  good  citizens  to  the  public  authorities  of  the  society. 
These  circumstances  have  induced  me  to  pardon  generally  the  offenders 
here  referred  to,  and  to  extend  forgiveness  to  those  who  had  been  adjudged 
to  capital  punishment.  For  though  I  shall  always  think  it  a  sacred  duty 
to  exercise  wnth  firmness  and  energy  the  constitutional  powers  with  which 
I  am  vested,  yet  it  appears  to  me  no  less  consistent  with  the  public  good 
than  it  is  with  my  personal  feelings  to  mingle  in  the  operations  of  Gov- 
ernment every  degree  of  moderation  and  tenderness  which  the  national 
justice,  dignity,  and  safety  may  permit. 

Gentlemen:  Among  the  objects  which  will  claim  5'our  attention  in 
the  course  of  the  session,  a  re\'iew  of  our  military  establishment  is  not  the 
least  important.  It  is  called  for  by  the  events  which  have  changed,  and 
may  be  expected  still  further  to  change,  the  relative  situation  of  our  fron- 
tiers. In  this  review  you  will  doubtless  allow  due  weight  to  the  consid- 
erations that  the  questions  between  us  and  certain  foreign  powers  are  not 
yet  finally  adjusted,  that  the  war  in  Europe  is  not  yet  terminated,  and  that 
our  Western  posts,  when  recovered,  will  demand  provision  for  garrisoning 
and  securing  them.  A  statement  of  our  present  military  force  will  be  laid 
before  you  by  the  Department  of  War. 

With  the  review  of  our  Army  establishment  is  naturally  connected  that 
of  the  militia.  It  will  merit  inquiry  what  imperfections  in  the  existing 
plan  further  experience  may  have  unfolded.  The  subject  is  of  so  much 
moment  in  my  estimation  as  to  excite  a  constant  solicitude  that  the  con- 
sideration of  it  may  l)e  renewed  until  the  greatest  attainable  perfection 
shall  be  accompli.shed.  Time  is  wearing  away  some  advantages  for 
forwarding  the  object,  while  none  better  deserves  the  persevering  atten- 
tion of  the  public  councils. 

While  we  indulge  the  satisfaction  which  the  actual  condition  of  our 


George  Washington  185 

Western  borders  so  well  authorizes,  it  is  necessary  that  we  should  not  lose 
sight  of  an  important  truth  which  continually  receives  new  confirmations, 
namely,  that  the  provisions  heretofore  made  with  a  view  to  the  protec- 
tion of  the  Indians  from  the  violences  of  the  lawless  part  of  our  frontier 
inhabitants  are  insufficient.  It  is  demonstrated  that  these  violences  can 
now  be  perpetrated  with  impunity,  and  it  can  need  no  argument  to  prove 
that  unless  the  murdering  of  Indians  can  be  restrained  by  bringing  the 
murderers  to  condign  punishment,  all  the  exertions  of  the  Government 
to  prevent  destructive  retaliations  by  the  Indians  will  prove  fruitless  and 
all  our  present  agreeable  prospects  illusory.  The  frequent  destruction 
of  innocent  women  and  children,  who  are  chiefly  the  victims  of  retalia- 
tion, must  continue  to  shock  humanity,  and  an  enormous  expense  to  drain 
the  Treasury  of  the  Union. 

To  enforce  upon  the  Indians  the  observance  of  justice  it  is  indispensable 
that  there  shall  be  competent  means  of  rendering  justice  to  them.  If 
these  means  can  be  devised  by  the  wisdom  of  Congress,  and  especially  if 
there  can  be  added  an  adequate  provision  for  supplying  the  necessities 
of  the  Indians  on  reasonable  terms  (a  measure  the  mention  of  which  I 
the  more  readily  repeat,  as  in  all  the  conferences  with  them  they  urge 
it  with  soUcitude),  I  should  not  hesitate  to  entertain  a  strong  hope 
of  rendering  our  tranquillity  permanent.  I  add  with  pleasure  that  the 
probabihty  even  of  their  civilization  is  not  diminished  by  the  experiments 
which  have  been  thus  far  made  under  the  auspices  of  Government.  The 
accomplishment  of  this  work,  if  practicable,  will  reflect  undecaying  luster 
on  our  national  character  and  administer  the  most  grateful  consolations 
that  virtuous  minds  can  know. 

Gentlemen  of  the  House  of  Rept'esentatives: 

The  state  of  our  revenue,  with  the  sums  which  have  been  borrowed 
and  reimbursed  pursuant  to  different  acts  of  Congress,  will  be  submitted 
from  the  proper  Department,  together  with  an  estimate  of  the  appropria- 
tions necessary  to  be  made  for  the  service  of  the  ensuing  year. 

Whether  measures  may  not  be  advisable  to  reenforce  the  provision  for 
the  redemption  of  the  public  debt  will  naturally  engage  your  examination. 
Congress  have  demonstrated  their  sense  to  be,  and  it  were  superfluous 
to  repeat  mine,  that  whatsoever  will  tend  to  accelerate  the  honorable 
extinction  of  our  public  debt  accords  as  much  with  the  true  interest  of 
our  country  as  with  the  general  sense  of  our  constituents. 

Gentlemen  of  the  Senate  and  of  the  House  of  Representatives: 

The  statements  which  will  be  laid  before  you  relative  to  the  Mint  will 
shew  the  situation  of  that  institution  and  the  necessity  of  some  further 
legislative  provisions  for  carrying  the  business  of  it  more  completely  into 
effect,  and  for  checking  abuses  which  appear  to  be  arising  in  particular 
quarters. 


i86  Messages  and  Papers  of  the  Presidents 

The  progress  in  providing  materials  for  the  frigates  and  in  building 
them,  the  state  of  the  fortifications  of  our  harbors,  the  measures  which 
have  been  pursued  for  obtaining  proper  sites  for  arsenals  and  for  replen- 
ishing our  magazines  wnth  military  stores,  and  the  steps  which  have 
been  taken  toward  the  execution  of  the  law  for  opening  a  trade  with  the 
Indians  will  likewise  be  presented  for  the  information  of  Congress. 

Temperate  discussion  of  the  important  subjects  which  may  arise  in  the 
course  of  the  session  and  mutual  forbearance  where  there  is  a  difference 
of  opinion  are  too  obvious  and  necessary  for  the  peace,  happiness,  and 
welfare  of  our  country  to  need  any  recommendation  of  mine. 

GO  WASHINGTON. 


ADDRESS  OF  THE  SENATE  TO  GEORGE  WASHINGTON,  PRESIDENT 
OF  THE  UNITED  STATES. 

Sir:  It  is  with  peculiar  satisfaction  that  we  are  informed  by  your 
speech  to  the  two  Houses  of  Congress  that  the  long  and  expensive  \^  ar 
in  which  we  have  been  engaged  with  the  Indians  northwest  of  the  Ohio 
is  in  a  situation  to  be  finally  terminated;  and  though  we  view  with  con- 
cern the  danger  of  an  interruption  of  the  peace  so  recently  confirmed 
with  the  Creeks,  we  indulge  the  hope  that  the  measures  that  you  have 
adopted  to  prevent  the  same,  if  followed  by  those  legislative  provisions 
that  justice  and  humanity  equally  demand,  will  succeed  in  laying  the 
foundation  of  a  lasting  peace  with  the  Indian  tribes  on  the  Southern  as 
well  as  on  the  Western  frontiers. 

The  confirmation  of  our  treaty  with  Morocco,  and  the  adjustment  of 
a  treaty  of  peace  with  Algiers,  in  consequence  of  which  our  captive  fel- 
low-citizens shall  be  delivered  from  slavery,  are  events  that  will  prove  no 
less  interesting  to  the  pubUc  humanity  than  they  will  be  important  in 
extending  and  securing  the  navigation  and  commerce  of  our  countr>\ 

As  a  just  and  equitable  conclusion  of  our  depending  negotiations  with 
Spain  will  essentially  advance  the  interest  of  both  nations,  and  thereby 
cherish  and  confirm  the  good  understanding  and  friendship  which  we 
have  at  all  times  desired  to  maintain,  it  will  afford  us  real  pleasure  to 
receive  an  early  confirmation  of  our  expectations  on  this  subject. 

The  interesting  prospect  of  our  affairs  with  regard  to  the  foreign 
powers  between  whom  and  the  United  States  controversies  have  sub- 
sisted is  not  more  satisfactory  than  the  review  of  our  internal  situation. 
If  from  the  former  we  derive  an  expectation  of  the  extinguishment  of 
all  the  causes  of  external  discord  that  have  heretofore  endangered  our 
tranquillity,  and  on  terms  consistent  with  our  national  honor  and  safety, 
in  the  latter  we  di.scover  those  numerous  and  widespread  tokens  of 
prosperity  which  in  so  peculiar  a  manner  distinguish  our  happy  country. 

Circumstances  thus  every  way  auspicious  demand  our  gratitude  and 
sincere  acknowledgments  to  Almighty  God,  and  require  that  we  should 


George  Washington  187 

unite  our  efforts  in  imitation  of  your  enlightened,  firm,  and  persevering 
example  to  establish  and  preserve  the  peace,  freedom,  and  prosperity  of 
our  country. 

The  objects  which  you  have  recommended  to  the  notice  of  the  Legisla- 
ture will  in  the  course  of  the  session  receive  our  careful  attention,  and 
with  a  true  zeal  for  the  public  welfare  we  shall  cheerfully  cooperate  in 
every  measure  that  shall  appear  to  us  loest  calculated  to  promote  the  same, 

JOHN  ADAMS. 
Vice-President  of  the  United  States  and  President  of  the  Senate. 

December  ii,  1795. 

reply  of  the  president. 

Gentlemen  :  With  real  pleasure  I  receive  your  address,  recognizing 
the  prosperous  situation  of  our  public  affairs,  and  giving  assurances  of 
your  careful  attention  to  the  objects  demanding  legislative  considera- 
tion, and  that  with  a  true  zeal  for  the  public  welfare  you  will  cheerfully 
cooperate  in  every  measure  which  shall  appear  to  you  best  calculated 
to  promote  the  same. 

But  I  derive  peculiar  satisfaction  from  your  concurrence  with  me  in  the 
expressions  of  gratitude  to  Almighty  God,  which  a  review  of  the  auspi- 
cious circumstances  that  distinguish  our  happy  country  have  excited,  and 
I  trust  the  sincerity  of  our  acknowledgments  will  be  evinced  by  a  union 
of  efforts  to  estabUsh  and  preserve  its  peace,  freedom,  and  prosperity. 

GO  WASHINGTON. 
December  12,  1795. 

address  of  the  house  of  representatives  to  george 
washington,  president  of  the  united  states. 

The  President  of  the  United  States. 

Sir:  As  the  Representatives  of  the  people  of  the  United  States,  we  can 
not  but  participate  in  the  strongest  sensibility  to  every  blessing  which 
they  enjoy,  and  cheerfully  join  with  you  in  profound  gratitude  to  the 
Author  of  all  Good  for  the  numerous  and  extraordinary  blessings  which 
He  has  conferred  on  our  favored  country. 

A  final  and  formal  termination  of  the  distressing  war  which  has  rav- 
aged our  Northwestern  frontier  will  be  an  event  which  must  afford  a 
satisfaction  proportionate  to  the  anxiety  with  which  it  has  long  been 
sought,  and  in  the  adjustment  of  the  terms  we  perceive  the  true  policy 
of  making  them  satisfactory  to  the  Indians  as  well  as  to  the  United  States 
as  the  best  basis  of  a  durable  tranquillity.  The  disposition  of  such  of  the 
Southern  tribes  as  had  also  heretofore  annoyed  our  frontier  is  another 
prospect  in  our  situation  so  important  to  the  interest  and  happiness  of 
the  United  States  that  it  is  much  to  be  lamented  that  any  clouds  should 


1 88  Messages  and  Papers  of  the  Presidents 

be  thrown  over  it,  more  especially  by  excesses  on  the  part  of  our  own 
citizens. 

While  our  population  is  advancing  with  a  celerity  which  exceeds  the 
most  sanguine  calculations;  while  ever>'  part  of  the  United  States  displays 
indications  of  rapid  and  various  improvement;  while  we  are  in  the  enjoy- 
ment of  protection  and  security  by  mild  and  wholesome  laws,  admin- 
istered by  governments  founded  on  the  genuine  principles  of  rational 
liberty,  a  secure  foundation  will  be  laid  for  accelerating,  maturing,  and 
establishing  the  prosperity  of  our  country  if,  by  treaty  and  amicable 
negotiation,  all  those  causes  of  external  discord  which  heretofore  men- 
aced our  tranquillity  shall  be  extinguished  on  terms  compatible  with  our 
national  rights  and  honor  and  with  our  Constitution  and  great  commer- 
cial interests. 

Among  the  various  circumstances  in  our  internal  situation  none  can 
be  viewed  with  more  satisfaction  and  exultation  than  that  the  late  scene 
of  disorder  and  insurrection  has  been  completely  restored  to  the  enjoy- 
ment of  order  and  repose.  Such  a  triumph  of  reason  and  of  law  is  worthy 
of  the  free  Government  under  which  it  happened,  and  was  justly  to  be 
hoped  from  the  enlightened  and  patriotic  spirit  which  pervades  and 
actuates  the  people  of  the  United  States. 

In  contemplating  that  spectacle  of  national  happiness  which  our  country 
exhibits,  and  of  which  you,  sir,  have  been  pleased  to  make  an  interesting 
summary,  permit  us  to  acknowledge  and  declare  the  very  great  share 
which  your  zealous  and  faithful  services  have  contributed  to  it,  and  to 
express  the  affectionate  attachment  which  we  feel  for  your  character. 

The  several  interesting  subjects  which  you  recommend  to  our  consid- 
eration will  receive  every  degree  of  attention  which  is  due  to  them;  and 
whilst  we  feel  the  obligation  of  temperance  and  mutual  indulgence  in  all 
our  discussions,  we  trust  and  pray  that  the  result  to  the  happiness  and 
welfare  of  our  country  may  correspond  with  the  pure  affection  we  bear 
to  it. 

December  i6,  1795. 

reply  of  the  president. 

Gentlemen:  Coming  as  you  do  from  all  parts  of  the  United  States, 
I  receive  great  satisfaction  from  the  concurrence  of  your  testimony  in  the 
justness  of  the  interesting  summary  of  our  national  happiness  which,  as 
the  result  of  my  inquiries,  I  presented  to  your  view.  The  sentiments  we 
have  mutually  expressed  of  profound  gratitude  to  the  source  of  those 
numerous  blessings,  the  Author  of  all  Good,  are  pledges  of  our  obligations 
to  unite  our  sincere  and  zealous  endeavors,  as  the  instruments  of  Divine 
Providence,  to  preserve  and  perpetuate  them. 

Accept,  gentlemen,  my  thanks  for  your  declaration  that  to  my  agency 
you  ascribe  the  enjoyment  of  a  great  share  of  these  benefits.     So  far  as  my 


George  Washington  189 

services  contribute  to  the  happiness  of  my  country,  the  acknowledgment 
thereof  by  my  fellow-citizens  and  their  affectionate  attachment  will  ever 
prove  an  abundant  reward, 

G9  WASHINGTON. 

December  17,  1795. 


SPECIAL  MESSAGES. 

United  States,  December  p,  1795. 
Gentlemen  of  the  Senate: 

I  lay  before  you,  for  your  consideration,  a  treaty  of  peace  which  has 
been  negotiated  by  General  Wayne,  on  behalf  of  the  United  States,  with 
all  the  late  hostile  tribes  of  Indians  northwest  of  the  river  Ohio,  together 
with  the  instructions  which  were  given  to  General  Wayne  and  the  pro- 
ceedings at  the  place  of  treaty. 

G9  WASHINGTON. 


United  States,  December  21,  1795. 
Gentlemen  of  the  Senate: 

Herewith  I  transmit,  for  your  information  and  consideration,  the  origi- 
nal letter  from  the  Emperor  of  Morocco,  recognizing  the  treaty  of  peace 
and  friendship  between  the  United  States  and  his  father,  the  late  Emperor, 
accompanied  with  a  translation  thereof,  and  various  documents  relating 
to  the  negotiation  by  which  the  recognition  was  effected. 

G9  WASHINGTON. 


United  States,  fanuary  ^,  Tyg6. 
Gentlemen  of  the  Senate  and  of  the  House  of  Representatives: 

A  letter  from  the  minister  plenipotentiary  of  the  French  Republic, 
received  on  the  2 2d  of  the  last  month,  covered  an  address,  dated  the 
2ist  of  October,  1794,  from  the  committee  of  public  safety  to  the  Repre- 
sentatives of  the  United  States  in  Congress,  and  also  informed  me  that 
he  was  instructed  by  the  committee  to  present  to  the  United  States 
the  colors  of  France.  I  thereupon  proposed  to  receive  them  last  Friday, 
the  first  day  of  the  new  year,  a  day  of  general  joy  and  congratulation. 
On  that  day  the  minister  of  the  French  Republic  delivered  the  colors, 
with  an  address,  to  which  I  returned  an  answer.  By  the  latter  Congress 
will  see  that  I  have  informed  the  minister  that  the  colors  will  be 
deposited  with  the  archives  of  the  United  States.  But  it  seemed  to 
me  proper  previously  to  exhibit  to  the  two  Houses  of  Congress  these 


I  go  Messages  and  Papers  of  the  Presidetits 

evidences  of  the  continued  friendship  of  the  French  RepubHc,  together 
with  the  sentiments  expressed  by  me  on  the  occasion  in  behalf  of  the 
United  States.     They  are  herewith  communicated. 

G9  WASHINGTON. 


United  States, /«;? wary  <?,  //pd. 
Gentlemen  of  the  Senate  and  of  the  House  of  Representatives: 

I  transmit  to  you  a  memorial  of  the  commissioners  appointed  by  virtue 
of  an  act  entitled  "An  act  for  establishing  the  temporary  and  perma- 
nent seat  of  the  Government  of  the  United  States."  on  the  subject  of  the 
public  buildings  under  their  direction. 

Since  locating  a  district  for  the  permanent  seat  of  the  Government  of 
the  United  States,  as  heretofore  announced  to  both  Houses  of  Congress, 
I  have  accepted  the  grants  of  money  and  of  land  stated  in  the  memorial 
of  the  commissioners.  I  have  directed  the  buildings  therein  mentioned 
to  be  commenced  on  plans  which  I  deemed  consistent  with  the  liberality 
of  the  grants  and  proper  for  the  purposes  intended. 

I  have  not  been  inattentive  to  this  important  business  intrusted  by 
the  Legislature  to  my  care.  I  have  viewed  the  resources  placed  in  my 
hands,  and  observed  the  manner  in  which  they  have  been  applied.  The 
progress  is  pretty  fully  detailed  in  the  memorial  from  the  commissioners, 
and  one  of  them  attends  to  give  further  information  if  required.  In  a 
case  new  and  arduous,  like  the  present,  difficulties  might  naturally  be 
expected.  Some  have  occurred,  but  they  are  in  a  great  degree  sur- 
mounted, and  I  have  no  doubt,  if  the  remaining  resources  are  properly 
cherished,  so  as  to  prevent  the  loss  of  property  by  hasty  and  numerous 
sales,  that  all  the  buildings  required  for  the  accommodation  of  the  Gov- 
ernment of  the  United  States  may  be  completed  in  season  without  aid 
from  the  Federal  Treasury.  The  subject  is  therefore  recommended  to 
the  consideration  of  Congress,  and  the  result  will  determine  the  measures 
which  I  shall  cause  to  be  pursued  with  respect  to  the  property  remaining 
unsold. 

GO  WASHINGTON. 

United  States,  fanuary  2g,  1796. 
Gentlemen  of  the  Senate  and  of  the  House  of  Representatives: 

I  send  herewith  for  the  information  of  Congress: 

First.  An  act  of  the  legislature  of  the  State  of  Rhode  Island,  ratifying 
an  amendment  to  the  Constitution  of  the  United  States  to  prevent  suits 
in  certain  cases  against  a  State. 

Second.  An  act  of  the  State  of  North  Carohna  making  the  like  rati- 
fication. 

Third.  An  act  of  the  State  of  North  Carolina,  as.senting  to  the  purchase 
by  the  United  States  of  a  sufficient  quantity  of  land  on  Shell  Castle 


George  Washington  191 

Island  for  the  purpose  of  erecting  a  beacon  thereon,  and  ceding  the  juris- 
diction thereof  to  the  United  States. 

Fourth.  A  copy  from  the  journal  of  proceedings  of  the  governor  in 
his  executive  department  of  the  territory  of  the  United  States  northwest 
of  the  river  Ohio  from  July  i  to  December  31,  1794. 

Fifth.  A  copy  from  the  records  of  the  executive  proceedings  of  the 
same  governor  from  January  i  to  June  30,  1795;  and 

Sixth  and  seventh.  A  copy  of  the  journal  of  the  proceedings  of  the 
governor  in  his  executive  department  of  the  territory  of  the  United 
States  south  of  the  river  Ohio  from  September  i,  1794,  to  September  i, 

1795- 

Eighth.  The  acts  of  the  first  and  second  sessions  of  the  general 
assembly  of  the  same  territory. 

G9  WASHINGTON. 


United  States,  January  29,  1796. 
Gentlemen  of  the  Senate  and  of  the  House  of  Representatives: 

In  pursuance  of  the  authority  vested  in  the  President  of  the  United 
States  by  an  act  of  Congress  passed  the  3d  of  March  last,  to  reduce  the 
weights  of  the  copper  coin  of  the  United  States  whenever  he  should 
think  it  for  the  benefit  of  the  United  States,  provided  that  the  reduction 
should  not  exceed  2  pennyweights  in  each  cent,  and  in  the  like  propor- 
tion in  a  half  cent,  I  have  caused  the  same  to  be  reduced  since  the  27th 
of  last  December,  to  wit,  i  pennyweight  and  16  grains  in  each  cent,  and 
in  the  like  proportion  in  a  half  cent;  and  I  have  given  notice  thereof 
by  proclamation. 

By  the  letter  of  the  judges  of  the  circuit  court  of  the  United  States, 
held  at  Boston  in  June  last,  and  the  inclosed  application  of  the  under- 
keeper  of  the  jail  at  that  place,  of  which  copies  are  herewith  transmitted, 
Congress  will  perceive  the  necessity  of  making  a  suitable  provision  for 
the  maintenance  of  prisoners  committed  to  the  jails  of  the  several  States 
under  the  authority  of  the  United  States. 

GO  WASHINGTON. 

United  States,  February  2^  1796. 
Gentlemen  of  the  Senate  and  of  the  House  of  Representatives: 

I  transmit  herewith  the  copy  of  a  letter,  dated  the  19th  of  December 
last,  from  Governor  Blount  to  the  Secretary  of  War,  stating  the  avowed 
and  daring  designs  of  certain  persons  to  take  possession  of  the  lands 
belonging  to  the  Cherokees,  and  which  the  United  States  have  by  treaty 
solemnly  guaranteed  to  that  nation.  The  injustice  of  such  intrusions 
and  the  mischievous  consequences  which  must  necessarily  result  there- 
from demand  that  effectual  provision  be  made  to  prevent  them. 

GO  WASHINGTON. 


192  Messages  and  Papers  of  the  Presidents 

United  States,  February  13,  1796. 
Gentlemeyi  of  the  Senate: 

Herewith  I  transmit,  for  your  consideration  and  advice,  a  treaty  of 
peace  and  amity,  concluded  on  the  5th  day  of  last  September  by  Joseph 
Donaldson,  jr.,  on  the  part  of  the  United  States,  with  the  Dey  of  Algiers, 
for  himself,  his  Divan,  and  his  subjects. 

The  instructions  and  other  necessary  papers  relative  to  this  negotia- 
tion are  also  sent  herewith,  for  the  information  of  the  Senate. 

GO  WASHINGTON. 

United  States,  February  26,  1796. 
Gentlemen  of  the  Senate: 

I  send  herewith  the  treaty  concluded  on  the  27  th  of  October  last 
between  the  United  States  and  Spain  by  their  respective  plenipoten- 
tiaries. 

The  communications  to  the  Senate  referred  to  in  my  message  of  the 
1 6th  of  December,  1793,  contain  the  instructions  to  the  commissioners 
of  the  United  States,  Messrs.  Carmichael  and  Short,  and  various  details 
relative  to  the  negotiations  with  Spain.  Herewith  I  transmit  copies  of 
the  documents  authorizing  Mr.  Pinckney,  the  envoy  extraordinary  from 
the  United  States  to  the  Court  of  Spain,  to  conclude  the  negotiation 
agreeably  to  the  original  instructions  above  mentioned,  and  to  adjust  the 
claims  of  the  United  States  for  the  spoliations  committed  by  the  armed 
vessels  of  His  Catholic  Majesty  on  the  commerce  of  our  citizens. 

The  numerous  papers  exhibiting  the  progress  of  the  negotiation  under 
the  conduct  of  Mr.  Pinckney,  being  in  the  French  and  Spanish  lan- 
guages, will  be  communicated  to  the  Senate  as  soon  as  the  translations 
which  appear  necessary  shall  be  completed. 

GO  WASHINGTON. 

United  States,  March  i,  1796. 
Gentlemen  of  the  Senate  and  of  the  House  of  Representatives: 

The  treaty  of  amity,  commerce,  and  navigation  concluded  between 
the  United  States  of  America  and  His  Britannic  Majesty  having  been 
duly  ratified,  and  the  ratifications  having  been  exchanged  at  lyoudon 
on  the  28th  day  of  October,  1795,  I  have  directed  the  same  to  be  pro- 
mulgated, and  herewith  transmit  a  copy  thereof  for  the  information  of 

Congress. 

GO  WASHINGTON. 

United  States,  March  8,  1796. 
Gentlemen  of  the  Senate  and  of  the  House  of  Representatives: 

I  send  herewith,  for  the  information  of  Congress,  the  treaty  concluded 
between  the  United  States  and  the  Dey  and  Regency  of  Algiers. 

G<?  WASHINGTON. 


George  Washington  193 

United  States,  March  15,  1796. 
Gentlemen  of  the  Senate  and  of  the  House  of  Representatives: 

By  the  ninth  vSection  of  the  act  entitled  "An  act  to  provide  a  naval 
armament' '  it  is  enacted  ' '  that  if  a  peace  shall  take  place  between  the 
United  States  and  the  Regency  of  Algiers,  that  no  further  proceedings 
be  had  under  this  act." 

The  peace  which  is  here  contemplated  having  taken  place,  it  is  incum- 
bent upon  the  Executive  to  suspend  all  orders  respecting  the  building  of 
the  frigates,  procuring  materials  for  them,  or  preparing  materials  already 
obtained,  which  may  be  done  without  intrenching  upon  contracts  or  agree- 
ments made  and  entered  into  before  this  event. 

But  inasmuch  as  the  loss  which  the  public  would  incur  might  be  consid- 
erable from  dissipation  of  workmen,  from  certain  works  or  operations 
being  suddenly  dropped  or  left  unfinished,  and  from  the  derangement 
in  the  whole  system  consequent  upon  an  immediate  suspension  of  all 
proceedings  under  it,  I  have  therefore  thought  advisable,  before  taking 
such  a  step,  to  submit  the  subject  to  the  Senate  and  House  of  Representa- 
tives, that  such  measures  may  be  adopted  in  the  premises  as  may  best 

comport  with  the  public  interest. 

GP  WASHINGTON. 


United  States,  March  25,  1796. 
Gentlemen  of  the  Senate  and  of  the  House  of  Representatives: 

I  send  herewith,  for  your  information,  the  translation  of  a  letter  from 
the  minister  plenipotentiary  of  the  French  Republic  to  the  Secretary 
of  State,  announcing  the  peace  made  by  the  Republic  with  the  Kings 
of  Prussia  and  Spain,  the  Grand  Duke  of  Tuscany,  and  the  Landgrave 
of  Hesse  Cassel,  and  that  the  republican  constitution  decreed  by  the 
National  Convention  had  been  accepted  by  the  people  of  France  and  was 
in  operation.  I  also  send  you  a  copy  of  the  answer  given  by  my  direc- 
tion to  this  communication  from  the  French  minister.  My  sentiments 
therein  expressed  I  am  persuaded  will  harmonize  with  yours  and  with 

those  of  all  my  fellow-citizens. 

GO  WASHINGTON. 


United  States,  March  29,  1796. 
Gentlemen  of  the  House  of  Representatives: 

I  send  herewith  a  copy  of  the  treaty  of  friendship,  limits,  and  navi- 
gation, concluded  on  the  27th  of  October  last,  between  the  United 
States  and  His  Catholic  Majesty.  This  treaty  has  been  ratified  by  me 
agreeably  to  the  Constitution,  and  the  ratification  has  been  dispatched  for 
Spain,  where  it  will  doubtless  be  immediately  ratified  by  His  Catholic 
Majesty. 

M  P — vol.  I — 13 


1^4  Messages  and  Papers  of  the  Presidents 

This  early  communication  of  the  treaty  with  Spain  has  become  neces- 
sary because  it  is  stipulated  in  the  third  article  that  commissioners  for 
running  the  boundary  line  between  the  territor>'  of  the  United  States  and 
the  Spanish  colonies  of  East  and  West  Florida  shall  meet  at  the  Natchez 
before  the  expiration  of  six  months  from  the  ratification;  and  as  that 
period  will  undoubtedly  arrive  before  the  next  meeting  of  Congress,  the 
House  will  see  the  necessity  of  making  provision  in  their  present  session 
for  the  object  here  mentioned.  It  wdll  also  be  necessary  to  provide  for 
the  expense  to  be  incurred  in  executing  the  twenty-first  article  of  the 
treaty,  to  enable  our  fellow-citizens  to  obtain  with  as  little  delay  as 
possible  compensation  for  the  losses  they  have  sustained  by  the  capture 
of  their  vessels  and  cargoes  by  the  subjects  of  His  Catholic  Majesty 
during  the  late  war  between  France  and  Spain. 

Estimates  of  the  moneys  necessary  to  be  provided  for  the  purposes  of 
this  and  several  other  treaties  with  foreign  nations  and  the  Indian  tribes 
will  be  laid  before  you  by  the  proper  Department. 

G9  WASHINGTON. 


United  States,  March  jo,  1796. 
To  the  House  of  Representatives  of  the  United  States: 

With  the  utmost  attention  I  have  considered  your  resolution  of  the  24th 
instant,  requesting  me  to  lay  before  your  House  a  copy  of  the  instructions 
to  the  minister  of  the  United  States  who  negotiated  the  treaty  with  the 
King  of  Great  Britain,  together  with  the  correspondence  and  other  docu- 
ments, relative  to  that  treaty,  excepting  such  of  the  said  papers  as  any 
exi.sting  negotiation  may  render  improper  to  be  disclosed. 

In  deliberating  upon  this  subject  it  was  impossible  for  me  to  lase  sight 
of  the  principle  which  some  have  avowed  in  its  discussion,  or  to  avoid 
extending  my  views  to  the  consequences  which  must  flow  from  the 
admission  of  that  principle. 

I  trust  that  no  part  of  my  conduct  has  ever  indicated  a  disposition  to 
withhold  any  information  which  the  Constitution  has  enjoined  upon  the 
President  as  a  duty  to  give,  or  which  could  be  required  of  him  by  either 
House  of  Congress  as  a  right;  and  with  truth  I  affirm  that  it  has  been, 
as  it  will  continue  to  be  while  I  have  the  honor  to  preside  in  the  Gov- 
ernment, my  constant  endeavor  to  harmonize  with  the  other  branches 
thereof  so  far  as  the  trust  delegated  to  me  by  the  people  of  the  United 
States  and  my  sen.se  of  the  obligation  it  imposes  to  "preserve,  protect, 
and  defend  the  Constitution  ' '  will  permit. 

The  nature  of  foreign  negotiations  requires  caution,  and  their  success 
must  often  depend  on  secrecy;  and  even  when  brought  to  a  conclusion 
a  full  disclosure  of  all  the  measures,  demands,  or  eventual  concessions 
which  may  have  been  proposed  or  contemplated  would  be  extremely 
impolitic;  for  this  might  have  a  pernicious  influence  on  future  negolria- 


George  Washington  195 

tions,  or  produce  immediate  inconveniences,  perhaps  danger  and  mischief, 
in  relation  to  other  powers.  The  necessity  of  such  caution  and  secrecy 
was  one  cogent  reason  for  vesting  the  power  of  making  treaties  in  the 
President,  with  the  advice  and  consent  of  the  Senate,  the  principle  on 
which  that  body  was  formed  confining  it  to  a  small  number  of  members. 
To  admit,  then,  a  right  in  the  House  of  Representatives  to  demand  and 
to  have  as  a  matter  of  course  all  the  papers  respecting  a  negotiation 
with  a  foreign  power  would  be  to  establish  a  dangerous  precedent. 

It  does  not  occur  that  the  inspection  of  the  papers  asked  for  can  be 
relative  to  any  purpose  under  the  cognizance  of  the  House  of  Repre- 
sentatives, except  that  of  an  impeachment,  which  the  resolution  has  not 
expressed.  I  repeat  that  I  have  no  disposition  to  withhold  any  infor- 
mation which  the  duty  of  my  station  will  permit  or  the  public  good 
shall  require  to  be  disclosed;  and,  in  fact,  all  the  papers  affecting  the 
negotiation  with  Great  Britain  were  laid  before  the  Senate  when  the 
treaty  itself  was  communicated  for  their  consideration  and  advice. 

The  course  which  the  debate  has  taken  on  the  resolution  of  the  House 
leads  to  some  observations  on  the  mode  of  making  treaties  under  the 
Constitution  of  the  United  States. 

Having  been  a  member  of  the  General  Convention,  and  knowing  the 
principles  on  which  the  Constitution  was  formed,  I  have  ever  entertained 
but  one  opinion  on  this  subject;  and  from  the  first  establishment  of  the 
Government  to  this  moment  my  conduct  has  exemplified  that  opinion — 
that  the  power  of  making  treaties  is  exclusively  vested  in  the  President, 
by  and  with  the  advice  and  consent  of  the  Senate,  provided  two-thirds  of 
the  Senators  present  concur;  and  that  every  treaty  so  made  and  promul- 
gated thencefon\'ard  became  the  law  of  the  land.  It  is  thus  that  the 
treaty-making  power  has  been  understood  by  foreign  nations,  and  in  all  the 
treaties  made  with  them  we  have  declared  and  they  have  believed  that, 
when  ratified  by  the  President,  with  the  advice  and  consent  of  the  Senate, 
they  became  obligatory.  In  this  construction  of  the  Constitution  every 
House  of  Representatives  has  heretofore  acquiesced,  and  until  the  pres- 
ent time  not  a  doubt  or  suspicion  has  appeared,  to  my  knowledge,  that 
this  construction  was  not  the  true  one.  Nay,  they  have  more  than  acqui- 
esced; for  till  now,  without  controverting  the  obligation  of  such  treaties, 
they  have  made  all  the  requisite  provisions  for  carrying  them  into  effect. 

There  is  also  reason  to  believe  that  this  construction  agrees  with  the 
opinions  entertained  by  the  State  conventions  when  they  were  deliber- 
ating on  the  Constitution,  especially  by  those  who  objected  to  it  because 
there  was  not  required  in  commercial  treaties  the  consent  of  two-thirds 
of  the  whole  number  of  the  members  of  the  Senate  instead  of  two-thirds 
of  the  Senators  present,  and  because  in  treaties  respecting  territorial 
and  certain  other  rights  and  claims  the  concurrence  of  three-fourths  of 
the  whole  number  of  the  members  of  both  Houses,  respectively,  was  not 
made  necessary. 


196  Messages  and  Papers  of  the  Presidents 

It  is  a  fact  declared  by  the  General  Convention  and  universally  under- 
stood that  the  Constitution  of  the  United  States  was  the  result  of  a  spirit 
of  amity  and  mutual  concession;  and  it  is  well  known  that  under  this 
influence  the  smaller  States  were  admitted  to  an  equal  representation  in 
the  Senate  with  the  larger  States,  and  that  this  branch  of  the  Govern- 
ment  was  invested  with  great  powers,  for  on  the  equal  participation  of 
those  powers  the  sovereignty  and  political  safety  of  the  smaller  States 
were  deemed  essentially  to  depend. 

If  other  proofs  than  these  and  the  plain  letter  of  the  Constitution 
itself  be  necessary  to  ascertain  the  point  under  consideration,  they  may 
be  found  in  the  journals  of  the  General  Convention,  which  I  have 
deposited  in  the  office  of  the  Department  of  State.  In  those  journals 
it  will  appear  that  a  proposition  was  made  "that  no  treaty  should  be 
binding  on  the  United  States  which  was  not  ratified  by  a  law,"  and 
that  the  proposition  was  explicitly  rejected. 

As,  therefore,  it  is  perfectly  clear  to  my  understanding  that  the  assent 
of  the  House  of  Representatives  is  not  necessary  to  the  validity  of  a 
treaty;  as  the  treaty  with  Great  Britain  exhibits  in  itself  all  the  objects 
requiring  legislative  provision,  and  on  these  the  papers  called  for  can 
throw  no  light,  and  as  it  is  essential  to  the  due  administration  of  the 
Government  that  the  boundaries  fixed  by  the  Constitution  between  the 
different  departments  should  be  preserved,  a  just  regard  to  the  Consti- 
tution and  to  the  duty  of  my  office,  under  all  the  circumstances  of  this 
case,  forbids  a  compliance  with  your  request. 

G9  WASHINGTON. 


United  States,  March  ji,  1796. 
Gentlemen  of  the  Senate: 

The  treaty  of  amity,  commerce,  and  navigation  between  the  United 
States  and  Great  Britain  requiring  that  commissioners  should  be  appointed 
to  fix  certain  boundaries  between  the  territories  of  the  contracting  par- 
ties, and  to  ascertain  the  losses  and  damages  represented  to  have  been 
sustained  by  their  respective  citizens  and  subjects,  as  set  forth  in  the 
fifth,  sixth,  and  seventh  articles  of  the  treaty,  in  order  to  carry  those 
articles  into  execution  I  nominate  as  commissioners  on  the  part  of  the 
United  States: 

For  the  purpose  mentioned  in  the  fifth  article,  Henry  Knox,  of  Massa- 
chusetts; 

For  the  purpose  mentioned  in  the  sixth  article,  Thomas  Fitzsimons, 
of  Pennsylvania,  and  James  Innes,  of  Virginia;  and 

For  the  purposes  mentioned  in  the  seventh  article,  Christopher  Gore,  of 
Ma.s.sachusetts,  and  William  Pinckney,  of  Maryland. 

GO  WASHINGTON. 


George  Washington  197 

United  States,  April  8,  1796. 
Gentlemen  of  the  Senate  and  of  the  House  of  Representatives: 

By  an  act  of  Congress  passed  on  the  26th  of  May,  1790,  it  was  declared 
that  the  inhabitants  of  the  territory  of  the  United  States  south  of  the 
river  Ohio  should  enjoy  all  the  privileges,  benefits,  and  advantages  set 
forth  in  the  ordinance  of  Congress  for  the  government  of  the  territory  of 
the  United  States  northwest  of  the  river  Ohio,  and  that  the  government 
of  the  said  territory  south  of  the  Ohio  should  be  similar  to  that  which 
was  then  exercised  in  the  territory  northwest  of  the  Ohio,  except  so  far 
as  was  otherwise  provided  in  tlje  conditions  expressed  in  an  act  of  Con- 
gress passed  the  2d  of  April,  1790,  entitled  "An  act  to  accept  a  cession 
of  the  claims  of  the  State  of  North  Carolina  to  a  certain  district  of 
western  territory." 

Among  the  privileges,  benefits,  and  advantages  thus  secured  to  the 
inhabitants  of  the  territory  south  of  the  river  Ohio  appear  to  "be  the  right 
of  forming  a  permanent  constitution  and  State  government,  and  of  admis- 
sion as  a  State,  by  its  Delegates,  into  the  Congress  of  the  United  States, 
on  an  equal  footing  with  the  original  States  in  all  respects  whatever, 
when  it  should  have  therein  60,000  free  inhabitants;  provided  the  con- 
stitution and  government  so  to  be  formed  should  be  republican,  and  in 
conformity  to  the  principles  contained  in  the  articles  of  the  said  ordinance. 

As  proofs  of  the  several  requisites  to  entitle  the  territory  south  of  the 
river  Ohio  to  be  admitted  as  a  State  into  the  Union,  Governor  Blount 
has  transmitted  a  return  of  the  enumeration  of  its  inhabitants  and  a 
printed  copy  of  the  constitution  and  form  of  government  on  which  they 
have  agreed,  which,  with  his  letters  accompanying  the  same,  are  here- 
with laid  before  Congress. 

G9  WASHINGTON. 

United  States,  April  28,  1796. 
Ge7itlemen  of  the  Senate  and  of  the  House  of  Represe7itatives: 

Herewith  I  lay  before  you  a  letter  from  the  Attorney-General  of  the 
United  States,  relative  to  compensation  to  the  attorneys  of  the  United 
States  in  the  several  districts,  which  is  recommended  to  your  consider- 
ation. 

GO  WASHINGTON. 


United  States,  May  2,  1796. 
Gentlemen  of  the  Senate: 

Some  time  last  year  Jeremiah  Wadsworth  was  authorized  to  hold  a 
treaty  with  the  Cohnawaga  Indians,  styling  themselves  the  Seven  Nations 
of  Canada,  to  enable  the  State  of  New  York  to  extinguish,  by  purchase, 
a  claim  which  the  said  Indians  had  set  up  to  a  parcel  of  land  lying  within 
that  State.     The  negotiatioh  having  issued  without  effecting  its  object, 


198  Messages  and  Papers  of  the  Presidents 

and  the  State  of  New  York  having  requested  a  renewal  of  the  negotiation, 

and  the  Indians  having  come  forward  with  an  appUcation  on  the  same 

subject,  I  now  nominate  Jeremiah  Wadsworth  to  be  a  commissioner  to 

hold  a  treaty  with  the  Cohnawaga  Indians,  styling  themselves  the  Seven 

Nations  of  Canada,  for  the  purpose  of  enabling  the  State  of  New  York 

to  extinguish  the  aforesaid  claim. 

GO  WASHINGTON. 


United  States,  May  5,  1796. 
Gentlemen  of  the  Septate: 

I  lay  before  you,  for  your  consideration  and  advice,  an  explanatory 
article  proposed  to  be  added  to  the  treaty  of  amity,  commerce,  and  navi- 
gation between  the  United  States  and  Great  Britain,  together  with  a  copy 
of  the  full  power  to  the  Secretary  of  State  to  negotiate  the  same. 

G9  WASHINGTON. 


United  States,  May  25,  1796. 
Gentlemen  of  the  Senate  and  of  the  House  of  Representatives: 

The  measures  now  in  operation  for  taking  possession  of  the  posts  of 
Detroit  and  Michilimackinac  render  it  proper  that  provision  should  be 
made  for  extending  to  these  places  and  any  others  alike  circumstanced 
the  civil  authority  of  the  Northwestern  Territory.  To  do  this  will  require 
an  expense  to  defray  which  the  ordinary  salaries  of  the  governor  and 
secretary  of  that  Territory  appear  to  be  incompetent. 

The  forming  of  a  new  county,  or  new  counties,  and  the  appointment  of 
the  various  officers,  which  the  just  exercise  of  government  must  require, 
will  oblige  the  governor  and  secretary  to  visit  those  places,  and  to  spend 
considerable  time  in  making  the  arrangements  necessary  for  introducing 
and  establishing  the  Government  of  the  United  States.  Congress  will 
consider  what  provision  will  in  this  case  be  proper. 

GO  WASHINGTON. 


United  States,  May  28,  1796. 
Gentlemen  of  the  Senate  and  of  the  House  of  Representatives: 

The  extraordinary  expenses  to  be  incurred  in  the  present  year  in  sup- 
porting our  foreign  intercourse  I  find  will  require  a  provision  beyond 
the  ordinary  appropriation  and  the  additional  $20,000  already  granted. 

I  have  directed  an  e.stimate  to  be  made,  which  is  sent  herewith,  and 
will  exhibit  the  deficiency  for  which  an  appropriation  appears  to  be 
necessary. 

G9  WASHINGTON. 


George  Washington  199 


EIGHTH  ANNUAL  ADDRESS. 

United  States,  December  7,  Tjg6. 
Fellow- Citizens  of  the  Senate  and  of  the  House  of  Representatives: 

In  recurring  to  the  internal  situation  of  our  country  since  I  had  last 
the  pleasure  to  address  you,  I  find  ample  reason  for  a  renewed  expression 
of  that  gratitude  to  the  Ruler  of  the  Universe  which  a  continued  series 
of  prosperity  has  so  often  and  so  justly  called  forth. 

The  acts  of  the  last  session  which  required  special  arrangements  have 
been  as  far  as  circumstances  would  admit  carried  into  operation. 

Measures  calculated  to  insure  a  continuance  of  the  friendship  of  the 
Indians  and  to  preserve  peace  along  the  extent  of  our  interior  frontier 
have  been  digested  and  adopted.  In  the  framing  of  these  care  has  been 
taken  to  guard  on  the  one  hand  our  advanced  settlements  from  the  preda- 
tory incursions  of  those  unruly  individuals  who  can  not  be  restrained  by 
their  tribes,  and  on  the  other  hand  to  protect  the  rights  secured  to  the 
Indians  by  treaty — to  draw  them  nearer  to  the  ci\nlized  state  and  inspire 
them  with  correct  conceptions  of  the  power  as  well  as  justice  of  the 
Government. 

The  meeting  of  the  deputies  from  the  Creek  Nation  at  Colerain,  in  the 
State  of  Georgia,  which  had  for  a  principal  object  the  purchase  of  a  par- 
cel of  their  land  by  that  State,  broke  up  without  its  being  accomplished, 
the  nation  having  previous  to  their  departure  instructed  them  against 
making  any  sale.  The  occasion,  how^ever,  has  been  improv-ed  to  confinn 
by  a  new  treaty  with  the  Creeks  their  preexisting  engagements  with  the 
United  States,  and  to  obtain  their  consent  to  the  establishment  of  trading 
houses  and  military  posts  within  their  boundary,  by  means  of  which  their 
friendship  and  the  general  peace  may  be  more  effectuall}'  secured. 

The  period  during  the  late  session  at  which  the  appropriation  was 
passed  for  carrying  into  effect  the  treaty  of  amity,  commerce,  and  naviga- 
tion between  the  United  States  and  His  Britannic  Majesty  necessarily  pro- 
crastinated the  reception  of  the  posts  stipulated  to  be  deliv^ered  beyond  the 
date  assigned  for  that  event.  As  soon,  however,  as  the  Governor- General 
of  Canada  could  be  addressed  Nvitli  propriety  on  the  subject,  arrangements 
were  cordially  and  promptly  concluded  for  their  evacuation,  and  the  United 
States  took  possession  of  the  principal  of  them,  comprehending  Oswego, 
Niagara,  Detroit,  Michilimackinac,  and  Fort  Miami,  where  such  repairs  and 
additions  have  been  ordered  to  be  made  as  appeared  indispensable. 

The  commissioners  appointed  on  the  part  of  the  United  States  and  of 
Great  Britain  to  determine  which  is  the  river  St.  Croix  mentioned  in  the 
treaty  of  peace  of  1783,  agreed  in  the  choice  of  Egbert  Benson,  esq.,  of 
New  York,  for  the  third  commissioner.  The  whole  met  at  St.  Andrews, 
in  Passamaquoddy  Bay,  in  the  beginning  of  October,  and  directed  surveys 


200  Messages  and  Papers  of  the  Presidents 

to  be  made  of  the  rivers  in  dispute;  but  deeming  it  impracticable  to  have 
these  surveys  completed  before  the  next  year,  they  adjourned  to  meet  at 
Boston  in  August,  1797,  for  the  final  decision  of  the  question. 

Other  commissioners  appointed  on  the  part  of  the  United  States, 
agreeably  to  the  seventh  article  of  the  treaty  with  Great  Britain,  relative 
to  captures  and  condemnation  of  vessels  and  other  property,  met  the  com- 
missioners of  His  Britannic  Majesty  in  London  in  August  last,  when 
John  Trumbull,  esq.,  was  chosen  by  lot  for  the  fifth  commissioner.  In 
October  following  the  board  were  to  proceed  to  business.  As  yet  there  has 
been  no  communication  of  commissioners  on  the  part  of  Great  Britain  to 
unite  with  those  who  have  been  appointed  on  the  part  of  the  United  States 
for  carrying  into  effect  the  sixth  article  of  the  treaty. 

The  treaty  with  Spain  required  that  the  commissioners  for  running  the 
boundary  line  between  the  territory  of  the  United  States  and  His  Catholic 
Majesty's  provinces  of  East  and  West  Florida  should  meet  at  the  Natchez 
before  the  expiration  of  six  months  after  the  exchange  of  the  ratifica- 
tions, which  was  effected  at  Aranjuez  on  the  25th  day  of  April;  and  the 
troops  of  His  Catholic  Majesty  occupying  any  posts  within  the  limits  of  the 
United  States  were  within  the  same  period  to  be  withdrawn.  The  com- 
missioner of  the  United  States  therefore  commenced  his  journey  for  the 
Natchez  in  September,  and  troops  were  ordered  to  occupy  the  posts  from 
which  the  Spanish  garrisons  should  be  withdrawn.  Information  has 
been  recently  received  of  the  appointment  of  a  commissioner  on  the  part 
of  His  Catholic  Majesty  for  running  the  boundary  line,  but  none  of  any 
appointment  for  the  adjustment  of  the  claims  of  our  citizens  whose  ves- 
sels were  captured  by  the  armed  vessels  of  Spain. 

In  pursuance  of  the  act  of  Congress  passed  in  the  last  session  for  the 
protection  and  relief  of  American  seamen,  agents  were  appointed,  one  to 
reside  in  Great  Britain  and  the  other  in  the  West  Indies.  The  effects 
of  the  agency  in  the  West  Indies  are  not  yet  full}'^  ascertained,  but  those 
which  have  been  communicated  afford  grounds  to  believe  the  measure 
will  be  beneficial.  The  agent  destined  to  reside  in  Great  Britain  declin- 
ing to  accept  the  appointment,  the  business  has  consequently  devolved 
on  the  minister  of  the  United  States  in  London,  and  will  command  his 
attention  until  a  new  agent  shall  be  appointed. 

After  many  delays  and  disappointments  arising  out  of  the  European 
war,  the  final  arrangements  for  fulfilling  the  engagements  made  to  the 
Dey  and  Regency  of  Algiers  will  in  all  present  appearance  be  crowned 
with  success,  but  under  great,  though  inevitable,  disadvantages  in  the 
pecuniary  transactions  occasioned  by  that  war,  which  will  render  further 
provision  necessary.  The  actual  liberation  of  all  our  citizens  who  were 
prisoners  in  Algiers,  while  it  gratifies  every  feeling  heart,  is  itself  an 
earnest  of  a  satisfactory  termination  of  the  whole  negotiation.  Measures 
are  in  operation  for  effecting  treaties  with  the  Regencies  of  Tunis  and 
Tripoli. 


George  Washington  20i 

To  an  active  external  commerce  the  protection  of  a  naval  force  is 
indispensable.  This  is  manifest  with  regard  to  wars  in  which  a  State 
is  itself  a  party.  But  besides  this,  it  is  in  our  own  experience  that  the 
most  sincere  neutrality  is  not  a  sufficient  guard  against  the  depredations 
of  nations  at  war.  To  secure  respect  to  a  neutral  flag  requires  a  naval 
force  organized  and  ready  to  vindicate  it  from  insult  or  aggression.  This 
may  even  prevent  the  necessity  of  going  to  war  by  discouraging  bellig- 
erent powers  from  committing  .such  violations  of  the  rights  of  the  neutral 
party  as  may,  first  or  last,  leave  no  other  option.  From  the  best  infor- 
mation I  have  been  able  to  obtain  it  would  seem  as  if  our  trade  to  the 
Mediterranean  without  a  protecting  force  will  always  be  in.secure  and 
our  citizens  exposed  to  the  calamities  from  which  numbers  of  them  have 
but  just  been  relieved. 

These  considerations  invite  the  United  States  to  look  to  the  means, 
and  to  set  about  the  gradual  creation  of  a  navy.  The  increasing  progress 
of  their  navigation  promises  them  at  no  distant  period  the  requisite  sup- 
ply of  seamen,  and  their  means  in  other  respects  favor  the  undertaking. 
It  is  an  encouragement,  likewise,  that  their  particular  situation  will  give 
weight  and  influence  to  a  moderate  naval  force  in  their  hands.  Will  it 
not,  then,  be  advisable  to  begin  without  delay  to  provide  and  lay  up  the 
materials  for  the  building  and  equipping  of  ships  of  war,  and  to  proceed 
in  the  work  by  degrees,  in  proportion  as  our  resources  shall  render  it 
practicable  without  inconvenience,  so  that  a  future  war  of  Europe  may 
not  find  our  commerce  in  the  same  unprotected  state  in  which  it  was 
found  by  the  present  ? 

Congress  have  repeatedly,  and  not  without  success,  directed  their  atten- 
tion to  the  encouragement  of  manufactures.  The  object  is  of  too  much 
consequence  not  to  insure  a  continuance  of  their  efforts  in  every  way 
which  shall  appear  eligible.  As  a  general  rule,  manufactures  on  public  ac- 
count are  inexpedient;  but  where  the  state  of  things  in  a  country  leaves 
little  hope  that  certain  branches  of  manufacture  will  for  a  great  length 
of  time  obtain,  when  these  are  of  a  nature  es.sential  to  the  furnishing  and 
equipping  of  the  public  force  in  time  of  war,  are  not  establishments  for 
procuring  them  on  public  account  to  the  extent  of  the  ordinary  demand 
for  the  public  service  recommended  by  .strong  considerations  of  national 
policy  as  an  exception  to  the  general  rule?  Ought  our  country  to  remain 
in  such  cases  dependent  on  foreign  supply,  precarious  because  liable  to  be 
interrupted?  If  the  necessary  article  should  in  this  mode  cost  more  in 
time  of  peace,  will  not  the  security  and  independence  thence  arising  form 
an  ample  compensation ?  Establishments  of  this  sort,  commensurate  only 
with  the  calls  of  the  public  service  in  time  of  peace,  will  in  time  of  war 
easily  be  extended  in  proportion  to  the  exigencies  of  the  Government, 
and  may  even  perhaps  be  made  to  yield  a  surplus  for  the  supply  of  our 
citizens  at  large,  so  as  to  mitigate  the  privations  from  the  interruption  of 
their  trade.     If  adopted,  the  plan  ought  to  exclude  all  those  branches 


202  Messages  and  Papers  of  the  Presidents 

which  are  already,  or  likely  soon  to  be,  established  in  the  country,  in 
Older  that  there  may  be  no  danger  of  interference  with  pursuits  of  indi- 
vidual industry. 

It  will  not  be  doubted  that  with  reference  either  to  individual  or 
national  welfare  agriculture  is  of  primary  importance.  In  proportion 
as  nations  advance  in  population  and  other  circumstances  of  maturity 
this  truth  becomes  more  apparent,  and  renders  the  cultivation  of  the  soil 
more  and  more  an  object  of  public  patronage.  Institutions  for  promoting 
it  grow  up,  supported  by  the  public  purse;  and  to  what  object  can  it  be 
dedicated  with  greater  propriety  ?  Among  the  means  which  have  been 
employed  to  this  end  none  have  been  attended  with  greater  success  than 
the  establishment  of  boards  (composed  of  proper  characters)  charged  with 
collecting  and  diffusing  information,  and  enabled  by  premiums  and  small 
pecuniary'  aids  to  encourage  and  assist  a  spirit  of  discovery  and  improve- 
ment. This  species  of  establishment  contributes  doubly  to  the  increase 
of  improvement  by  stimulating  to  enterprise  and  experiment,  and  by  draw- 
ing to  a  common  center  the  results  ever>'where  of  individual  skill  and 
observation,  and  spreading  them  thence  over  the  whole  nation.  Expe- 
rience accordingly  has  shewn  that  they  are  very  cheap  instruments  of 
immense  national  benefits. 

I  have  heretofore  proposed  to  the  consideration  of  Congress  the  expe- 
diency of  establishing  a  national  university  and  also  a  military  academy. 
The  desirableness  of  both  these  institutions  has  so  constantly  increased 
with  every  new  view  I  have  taken  of  the  subject  that  I  can  not  omit  the 
opportunity  of  once  for  all  recalling  your  attention  to  them. 

The  assembly  to  which  I  address  myself  is  too  enlightened  not  to  be 
fully  sensible  how  much  a  flourishing  state  of  the  arts  and  sciences  con- 
tributes to  national  prosperity  and  reputation. 

True  it  is  that  our  country,  much  to  its  honor,  contains  many  semi- 
naries of  learning  highly  respectable  and  useful;  but  the  funds  upon  which 
they  rest  are  too  narrow  to  command  the  ablest  professors  in  the  different 
departments  of  liberal  knowledge  for  the  institution  contemplated, 
though  they  would  be  excellent  auxiliaries. 

Amongst  the  motives  to  such  an  institution,  the  assimilation  of  the 
principles,  opinions,  and  manners  of  our  countrymen  by  the  common 
education  of  a  portion  of  our  youth  from  every  quarter  well  deserves 
attention.  The  more  homogeneous  our  citizens  can  be  made  in  these 
particulars  the  greater  will  be  our  prospfect  of  permanent  union;  and  a 
primary  object  of  such  a  national  institution  should  be  the  education  of 
our  youth  in  the  science  of  government.  In  a  republic  what  species  of 
knowledge  can  be  equally  important  and  what  duty  more  pressing  on  its 
legislature  than  to  patronize  a  plan  for  communicating  it  to  those  who 
are  to  be  the  future  guardians  of  the  liberties  of  the  country  ? 

The  institution  of  a  military  academy  is  also  recommended  by  cogent 
reasons.     However  pacific  the  general  policy  of  a  nation   may  be,  it 


George  Washington  203 

ought  never  to  be  without  an  adequate  stock  of  miUtary  knowledge  for 
emergencies.  The  first  would  impair  the  energy  of  its  character,  and 
both  would  hazard  its  safety  or  expose  it  to  greater  evils  when  war  could 
not  be  avoided  ;  besides  that,  war  might  often  not  depend  upon  its  own 
choice.  In  proportion  as  the  observance  of  pacific  maxims  might  exempt 
a  nation  from  the  necessity  of  practicing  the  rules  of  the  military  art 
ought  to  be  its  care  in  preserving  and  transmitting,  by  proper  establish- 
ments, the  knowledge  of  that  art.  Whatever  argument  may  be  drawn 
from  particular  examples  superficially  viewed,  a  thorough  examination 
of  the  subject  will  evince  that  the  art  of  war  is  at  once  comprehensive 
and  complicated,  that  it  demands  much  previous  study,  and  that  the 
possession  of  it  in  its  most  improved  and  perfect  state  is  always  of  great 
moment  to  the  security  of  a  nation.  This,  therefore,  ought  to  be  a  serious 
care  of  every  government,  and  for  this  purpose  an  academy  where  a  regular 
course  of  instruction  is  given  is  an  obvious  expedient  which  different 
nations  have  successfully  employed. 

The  compensations  to  the  officers  of  the  United  States  in  various 
instances,  and  in  none  more  than  in  respect  to  the  most  important  stations, 
appear  to  call  for  legislative  revision.  The  consequences  of  a  defective 
provision  are  of  serious  import  to  the  Government.  If  private  wealth  is 
to  supply  the  defect  of  public  retribution,  it  will  greatly  contract  the 
sphere  within  which  the  selection  of  character  for  office  is  to  be  made, 
and  will  proportionally  diminish  the  probability  of  a  choice  of  men  able 
as  well  as  upright.  Besides  that,  it  would  be  repugnant  to  the  vital 
principles  of  our  Government  virtually  to  exclude  from  public  trusts 
talents  and  virtue  unless  accompanied  by  wealth. 

While  in  our  external  relations  some  serious  inconveniences  and  embar- 
rassments have  been  overcome  and  others  lessened,  it  is  with  much  pain 
and  deep  regret  I  mention  that  circumstances  of  a  very  unwelcome 
nature  have  lately  occurred.  Our  trade  has  suffered  and  is  suffering 
extensive  injuries  in  the  West  Indies  from  the  cruisers  anr*  agents  of 
the  French  Republic,  and  communications  have  been  received  from  its 
minister  here  which  indicate  the  danger  of  a  further  disturbance  of  our 
commerce  by  its  authority,  and  which  are  in  other  respects  far  from 
agreeable. 

It  has  been  my  constant,  sincere,  and  earnest  wish,  in  conformity  with 
that  of  our  nation,  to  maintain  cordial  harmony  and  a  perfectly  friendly 
understanding  with  that  Republic.  This  wish  remains  unabated,  and  I 
shall  persevere  in  the  endeavor  to  fulfill  it  to  the  utmost  extent  of  what 
shall  be  consistent  with  a  just  and  indispensable  regard  to  the  rights  and 
honor  of  our  country;  nor  will  I  easily  cease  to  cherish  the  expectation 
that  a  spirit  of  justice,  candor,  and  friendship  on  the  part  of  the  Republic 
will  eventually  insure  success. 

In  pursuing  this  course,  however,  I  can  not  forget  what  is  due  to 
the  character  of   our  Government  and  nation,  or  to  a  full  and  entire 


204  Messages  and  Papers  of  the  Presidents 

confidence  in  the  good  sense,  patriotism,  self-respect,  and  fortitude  of 
my  countrymen. 

I  reserve  for  a  special  message  a  more  particular  communication  on 
this  interesting  subject. 

Gentlemen  of  the  House  of  Representatives: 

I  have  directed  an  estimate  of  the  appropriations  necessary  for  the  serv- 
ice of  the  ensuing  year  to  be  submitted  from  the  proper  Department, 
with  a  view  of  the  public  receipts  and  expenditures  to  the  latest  period 
to  which  an  account  can  be  prepared. 

It  is  with  satisfaction  I  am  able  to  inform  you  that  the  revenues  of  the 
United  States  continue  in  a  state  of  progressive  improvement. 

A  reenforcement  of  the  existing  provisions  for  discharging  our  public 
debt  was  mentioned  in  my  address  at  the  opening  of  the  last  session. 
Some  preliminary  steps  were  taken  toward  it,  the  maturing  of  which 
will  no  doubt  engage  your  zealous  attention  during  the  present.  I  will 
only  add  that  it  will  afford  me  a  heartfelt  satisfaction  to  concur  in  such 
further  measures  as  will  ascertain  to  our  country  the  prospect  of  a  speedy 
extinguishment  of  the  debt.  Posterity  may  have  cause  to  regret  if  from 
any  motive  intervals  of  tranquillity  are  left  unimproved  for  accelerating 
this  valuable  end. 

Gentlemen  of  the  Senate  and  of  the  House  of  Representatives: 

My  solicitude  to  see  the  militia  of  the  United  States  placed  on  an 
efficient  establishment  has  been  so  often  and  so  ardently  expressed  that 
I  shall  but  barely  recall  the  subject  to  your  view  on  the  present  occasion, 
at  the  same  time  that  I  shall  submit  to  your  inquiry  whether  our  harbors 
are  yet  sufficiently  secured. 

The  situation  in  which  I  now  stand  for  the  last  time,  in  the  midst  of 
the  representatives  of  the  people  of  the  United  States,  naturally  recalls 
the  period  when  the  administration  of  the  present  form  of  government 
commenced,  and  I  can  not  omit  the  occasion  to  congratulate  you  and  v^y 
country  on  the  success  of  the  experiment,  nor  to  repeat  my  fervent  sup- 
plications to  the  Supreme  Ruler  of  the  Universe  and  Sovereign  Arbiter  of 
Nations  that  His  providential  care  may  still  be  extended  to  the  United 
States,  that  the  virtue  and  happiness  of  the  people  may  be  preserved,  and 
that  the  Government  which  they  have  instituted  for  the  protection  of 
their  hberties  may  be  perpetual. 

GO  WASHINGTON. 

ADDRESS    OF   THE   SENATE   TO   GEORGE  WASHINGTON,   PRESIDENT 
OF  THE  UNITED  STATES. 

We  thank  you,  sir,  for  your  faithful  and  detailed  exposure  of  the 
existing  situation  of  our  country,  and  we  sincerely  join  in  sentiments  of 
gratitude  to  an  overruling  Providence  for  the  distinguished  share  of 


George  Washington  205 

public  prosperity  and  private  happiness  which  the  people  of  the  United 
States  so  peculiarly  enjoy. 

We  are  fully  sensible  of  the  advantages  that  have  resulted  from  the 
adoption  of  measures  (which  you  have  successfully  carried  into  effect) 
to  preserve  peace,  cultivate  friendship,  and  promote  civilization  amongst 
the  Indian  tribes  on  the  Western  frontiers.  Feelings  of  humanity  and 
the  most  solid  political  interests  equally  encourage  the  continuance  of 
this  system. 

We  observe  with  pleasure  that  the  delivery  of  the  military  posts  lately 
occupied  by  the  British  forces  within  the  territory  of  the  United  States 
was  made  with  cordiality  and  promptitude  as  soon  as  circumstances 
would  admit,  and  that  the  other  provisions  of  our  treaties  with  Great 
Britain  and  Spain  that  were  objects  of  eventual  arrangement  are  about 
being  carried  into  effect  with  entire  harmony  and  good  faith. 

The  unfortunate  but  unavoidable  difficulties  that  opposed  a  timely 
compliance  with  the  terms  of  the  Algerine  treaty  are  much  to  be  lamented, 
as  they  may  occasion  a  temporary  suspension  of  the  advantages  to  be 
derived  from  a  solid  peace  with  that  power  and  a  perfect  security  from 
its  predatory  warfare.  At  the  same  time,  the  lively  impressions  that 
affected  the  public  mind  on  the  redemption  of  our  captive  fellow-citizens 
afford  the  most  laudable  incentive  to  our  exertions  to  remove  the  remain- 
ing obstacles. 

We  perfectly  coincide  with  you  in  opinion  that  the  importance  of  our 
commerce  demands  a  naval  force  for  its  protection  against  foreign  insult 
and  depredation,  and  our  solicitude  to  attain  that  object  will  be  always 
proportionate  to  its  magnitude. 

The  necessity  of  accelerating  the  establishment  of  certain  useful 
manufactures  by  the  intervention  of  legislative  aid  and  protection  and 
the  encouragement  due  to  agriculture  by  the  creation  of  boards  (composed 
of  intelligent  individuals)  to  patronize  this  primar>'  pursuit  of  society 
are  subjects  which  will  readily  engage  our  most  serious  attention. 

A  national  university  may  be  converted  to  the  most  useful  purposes. 
The  science  of  legislation  being  so  essentially  dependent  on  the  endow- 
ments of  the  mind,  the  public  interests  must  receive  effectual  aid  from  the 
general  diffusion  of  knowledge,  and  the  United  States  will  assume  a  more 
dignified  station  among  the  nations  of  the  earth  by  the  successful  culti- 
vation of  the  higher  branches  of  literature. 

A  military  academy  may  be  likewise  rendered  equally  important.  To 
aid  and  direct  the  physical  force  of  the  nation  by  cherishing  a  military 
spirit,  enforcing  a  proper  sense  of  discipline,  and  inculcating  a  scientific 
system  of  tactics  is  consonant  to  the  soundest  maxims  of  public  policy. 
Connected  with  and  supported  by  such  an  establishment  a  well-regulated 
militia,  constituting  the  natural  defense  of  the  country,  would  prove  the 
most  effectual  as  well  as  economical  preservative  of  peace. 

We  can  not  but  consider  with  serious  apprehensions  the  inadequate 


2o6  Messages  and  Papers  of  the  Presidents 

compensations  of  the  public  officers,  especially  of  those  in  the  more  impoi^ 
tant  stations.  It  is  not  only  a  violation  of  the  spirit  of  a  public  contract, 
but  is  an  evil  so  extensive  in  its  operation  and  so  destructive  in  its  conse- 
quences that  we  trust  it  will  receive  the  most  pointed  legislative  attention. 

We  sincerely  lament  that,  whilst  the  conduct  of  the  United  States  has 
been  uniformly  impressed  with  the  character  of  equity,  moderation,  and 
love  of  peace  in  the  maintenance  of  all  their  foreign  relationships,  our 
trade  should  be  so  harassed  by  the  cruisers  and  agents  of  the  Republic 
of  France  throughout  the  extensive  departments  of  the  West  Indies. 

Whilst  we  are  confident  that  no  cause  of  complaint  exists  that  could 
authorize  an  interruption  of  our  tranquillity  or  disengage  that  Republic 
from  the  bonds  of  amity,  cemented  by  the  faith  of  treaties,  we  can  not 
but  express  our  deepest  regrets  that  official  communications  have  been 
made  to  you  indicating  a  more  serious  disturbance  of  our  commerce. 
Although  we  cherish  the  expectation  that  a  sense  of  justice  and  a  con- 
sideration of  our  mutual  interests  will  moderate  their  councils,  we  are 
not  unmindful  of  the  situation  in  which  events  may  place  us,  nor  unpre- 
pared to  adopt  that  system  of  conduct  which,  compatible  with  the  dignity 
of  a  respectable  nation,  necessity  may  compel  us  to  pursue. 

We  cordially  acquiesce  in  the  reflection  that  the  United  States,  under 
the  operation  of  the  Federal  Government,  have  experienced  a  most  rapid 
aggrandizement  and  prosperity  as  well  political  as  commercial. 

Whilst  contemplating  the  causes  that  produce  this  auspicious  result, 
we  must  acknowledge  the  excellence  of  the  constitutional  system  and 
the  wisdom  of  the  legislative  provisions;  but  we  should  be  deficient  in 
gratitude  and  justice  did  we  not  attribute  a  great  portion  of  these  advan- 
tages to  the  virtue,  firmness,  and  talents  of  your  Administration,  which 
have  been  conspicuously  displayed  in  the  most  trying  time  and  on  the 
most  critical  occasions.  It  is  therefore  with  the  sincerest  regret  that 
we  now  receive  an  official  notification  of  your  intentions  to  retire  from 
the  public  employments  of  your  country. 

When  we  review  the  various  scenes  of  your  public  life,  so  long  and  so  suc- 
cessfully devoted  tq  the  most  arduous  services,  civil  and  military,  as  well 
during  the  struggles  of  the  American  Revolution  as  the  convulsive  periods 
of  a  recent  date,  we  can  not  look  forward  to  your  retirement  without  our 
warmest  affections  and  most  anxious  regards  accompanying  you,  and 
without  mingling  with  our  fellow -citizens  at  large  in  the  sincerest  wishes 
for  your  personal  happiness  that  sensibility  and  attachment  can  express. 

The  most  effectual  consolation  that  can  offer  for  the  loss  we  are  about 
to  sustain  arises  from  the  animating  reflection  that  the  influence  of  your 
example  will  extend  to  your  successors,  and  the  United  States  thus 
continue  to  enjoy  an  able,  upright,  and  energetic  administration. 

JOHN  ADAMS, 
Vice-President  of  the  United  States  and  President  of  the  Senate. 
December  id,  1796, 


George  Washington  207 

REPLY  OF  THE  PRESIDENT. 

Gentlemen:  It  affords  me  great  satisfaction  to  find  in  your  address  a 
concurrence  in  sentiment  with  me  on  the  various  topics  which  I  presented 
for  your  information  and  dehberation,  and  that  the  latter  will  receive 
from  you  an  attention  proportioned  to  their  respective  importance. 

For  the  notice  you  take  of  my  public  services,  civil  and  military,  and 
your  kind  wishes  for  my  personal  happiness,  I  beg  you  to  accept  my 
cordial  thanks.  Those  services,  and  greater  had  I  possessed  ability  to 
render  them,  were  due  to  the  unanimous  calls  of  my  country,  and  its 
approbation  is  my  abundant  reward. 

When  contemplating  the  period  of  my  retirement,  I  saw  virtuous  and 
enlightened  men  among  whom  I  relied  on  the  discernment  and  patriotism 
of  my  fellow-citizens  to  make  the  proper  choice  of  a  successor — men  who 
would  require  no  influential  example  to  insure  to  the  United  States  "  an 
able,  upright,  and  energetic  administration."  To  such  men  I  shall 
cheerfully  yield  the  palm  of  genius  and  talents  to  serve  our  common 
country  ;  but  at  the  same  time  I  hope  I  may  be  indulged  in  expressing 
the  consoling  reflection  (which  consciousness  suggests),  and  to  bear  it 
with  me  to  my  grave,  that  none  can  serve  it  with  purer  intentions  than 
I  have  done  or  with  a  more  disinterested  zeal. 

G9  WASHINGTON. 
December  12,  1796. 

address  of  the  house  of  representatives  to  george 
washington,  president  of  the  united  states. 

Sir:  The  House  of  Representatives  have  attended  to  your  communi- 
cation respecting  the  state  of  our  country  with  all  the  sensibility  that  the 
contemplation  of  the  subject  and  a  sense  of  duty  can  inspire. 

We  are  gratified  by  the  information  that  measures  calculated  to  insure 
a  continuance  of  the  friendship  of  the  Indians  and  to  maintain  the 
tranquillity  of  the  Western  frontier  have  been  adopted,  and  we  indulge 
the  hope  that  these,  by  impressing  the  Indian  tribes  with  more  correct 
conceptions  of  the  justice  as  well  as  power  of  the  United  States,  will  be 
attended  with  success. 

While  we  notice  with  satisfaction  the  steps  that  you  have  taken  in 
pursuance  of  the  late  treaties  with  several  foreign  nations,  the  liberation 
of  our  citizens  who  were  prisoners  at  Algiers  is  a  subject  of  peculiar 
felicitation.  We  shall  cheerfully  cooperate  in  any  further  measures  that 
shall  appear  on  consideration  to  be  requisite. 

We  have  ever  concurred  with  you  in  the  most  sincere  and  uniform 
disposition  to  preserve  our  neutral  relations  inviolate,  and  it  is  of  course 
with  anxiety  and  deep  regret  we  hear  that  any  interruption  of  our  har- 
mony with  the  French  Republic  has  occurred,  for  we  feel  with  you  and 


2o8  Messages  and  Papers  of  the  Presidents 

with  our  constituents  the  cordial  and  unabated  wish  to  maintain  a  per- 
fectly friendly  understanding  with  that  nation.  Your  endeavors  to  fulfill 
tliat  wish,  and  by  all  honorable  means  to  preserve  peace,  and  to  restore 
that  harmony  and  affection  which  have  heretofore  so  happily  subsisted 
between  the  French  Republic  and  the  United  States,  can  not  fail,  there- 
fore, to  interest  our  attention.  And  while  we  participate  in  the  full 
reliance  you  have  expressed  on  the  patriotism,  self-respect,  and  fortitude 
of  our  countrymen,  we  cherish  the  pleasing  hope  that  a  mutual  spirit  of 
justice  and  moderation  will  insure  the  success  of  your  perseverance. 

The  various  subjects  of  jour  communication  will  respectively  meet 
with  the  attention  that  is  due  to  their  importance. 

When  we  advert  to  the  internal  situation  of  the  United  States,  we 
deem  it  equally  natural  and  becoming  to  compare  the  present  period  with 
that  immediately  antecedent  to  the  operation  of  the  Government,  and  to 
contrast  it  with  the  calamities  in  which  the  state  of  war  still  involves 
several  of  the  European  nations,  as  the  reflections  deduced  from  both 
tend  to  justify  as  well  as  to  excite  a  warmer  admiration  of  our  free  Con- 
stitution, and  to  exalt  our  minds  to  a  more  fervent  and  grateful  sense  of 
piety  toward  Almighty  God  for  the  beneficence  of  His  providence,  by 
which  its  administration  has  been  hitherto  so  remarkably  distinguished. 

And  while  we  entertain  a  grateful  conviction  that  your  wise,  firm,  and 
patriotic  Administration  has  been  signally  conducive  to  the  success  of  the 
present  form  of  government,  we  can  not  forbear  to  express  the  deep  sen- 
sations of  regret  with  which  we  contemplate  your"  intended  retirement 
from  office. 

As  no  other  suitable  occasion  may  occur,  we  can  not  suffer  the  present 
to  pass  without  attempting  to  disclose  some  of  the  emotions  which  it 
can  not  fail  to  awaken. 

The  gratitude  and  admiration  of  your  countrymen  are  still  drawn  to 
the  recollection  of  those  resplendent  virtues  and  talents  which  were  so 
eminently  instrumental  to  the  achievement  of  the  Revolution,  and  of 
which  that  glorious  event  will  ever  be  the  memorial.  Your  obedience  to 
the  voice  of  duty  and  your  country  when  you  quitted  reluctantly  a  second 
time  the  retreat  you  had  chosen  and  first  accepted  the  Presidency  afforded 
a  new  proof  of  the  devotedness  of  your  zeal  in  its  service  and  an  earnest 
of  the  patriotism  and  success  which  have  characterized  your  Administra- 
tion. As  the  grateful  confidence  of  the  citizens  in  the  virtues  of  their 
Chief  Magistrate  has  essentially  contributed  to  that  success,  we  persuade 
ourselves  that  the  millions  whom  we  represent  participate  with  us  in  the 
anxious  solicitude  of  the  present  occasion. 

Yet  we  can  not  be  unmindful  that  your  moderation  and  magnanimity, 
twice  displayed  by  retiring  from  your  exalted  stations,  afford  examples  no 
less  rare  and  instructive  to  mankind  than  valuable  to  a  republic. 

Although  we  are  sensible  that  this  event  of  itself  completes  the  luster 
of  a  character  already  conspicuously  unrivaled  by  the  coincidence  of 


George  Washington  209 

virtue,  talents,  success,  and  public  estimation,  yet  we  conceive  we  owe  it 
to  you,  sir,  and  still  more  emphatically  to  ourselves  and  to  our  nation 
(of  the  language  of  whose  hearts  we  presume  to  think  ourselves  at  this 
moment  the  faithful  interpreters) ,  to  express  the  sentiments  with  which 
it  is  contemplated. 

The  spectacle  of  a  free  and  enlightened  nation  offering,  by  its  Repre- 
sentatives, the  tribute  of  unfeigned  approbation  to  its  first  citizen,  how- 
ever novel  and  interesting  it  may  be,  derives  all  its  luster  (a  luster  which 
accident  or  enthusiasm  could  not  bestow,  and  which  adulation  would  tar- 
nish) from  the  transcendent  merit  of  which  it  is  the  voluntary  testimony. 

May  you  long  enjoy  that  liberty  which  is  so  dear  to  you,  and  to  which 
your  name  will  ever  be  so  dear.  May  your  own  virtues  and  a  nation's 
prayers  obtain  the  happiest  sunshine  for  the  decline  of  your  days  and 
the  choicest  of  future  blessings.  For  our  country's  sake,  for  the  sake  of 
republican  liberty,  it  is  our  earnest  wish  that  your  example  may  be  the 
guide  of  your  successors,  and  thus,  after  being  the  ornament  and  safeguard 
of  the  present  age,  become  the  patrimony  of  our  descendants. 

December  15,  1796. 

reply  of  the  president. 

Gentlemen:  To  a  citizen  whose  views  were  unambitious,  who  pre- 
ferred the  shade  and  tranquillity  of  private  life  to  the  splendor  and  solici- 
tude of  elevated  stations,  and  whom  the  voice  of  duty  and  his  country 
could  alone  have  drawn  from  his  chosen  retreat,  no  reward  for  his  public 
services  can  be  so  grateful  as  public  approbation,  accompanied  by  a  con- 
sciousness that  to  render  those  services  useful  to  that  country  has  been  his 
single  aim;  and  when  this  approbation  is  expressed  by  the  Representa- 
tives of  a  free  and  enlightened  nation,  the  reward  will  admit  of  no  addition. 
Receive,  gentlemen,  my  sincere  and  affectionate  thanks  for  this  signal  testi- 
mony that  my  services  have  been  acceptable  and  useful  to  my  country. 
The  strong  confidence  of  my  fellow-citizens,  while  it  animated  all  my 
actions,  insured  their  zealous  cooperation,  which  rendered  those  services 
successful.  The  virtue  and  wisdom  of  my  successors,  joined  with  the  patri- 
otism and  intelligence  of  the  citizens  who  compose  the  other  branches  of 
Government,  I  firmly  trust  will  lead  them  to  the  adoption  of  measures 
which,  by  the  beneficence  of  Providence,  will  give  stability  to  our  system 
of  government,  add  to  its  success,  and  secure  to  ourselves  and  to  posterity 
that  liberty  which  is  to  all  of  us  so  dear. 

While  I  acknowledge  with  pleasure  the  sincere  and  uniform  disposition 
of  the  House  of  Representatives  to  preserve  our  neutral  relations  invio- 
late, and  with  them  deeply  regret  any  degree  of  interruption  of  our  good 
understanding  with  the  French  Republic,  I  beg  you,  gentlemen,  to  rest 
assured  that  my  endeavors  will  be  earnest  and  unceasing  by  all  honor- 
able means  to  preserve  peace  and  to  restore  that  harmony  and  affection 
M  P — vol.  1 — 14 


2IO  Messages  and  Papers  of  the  Presidents 

which  have  heretofore  so  happily  subsisted  between  our  two  nations; 
and  with  you  I  cherish  the  pleasing  hope  that  a  mutual  spirit  of  justice 
and  moderation  will  crown  those  endeavors  with  success. 

I  shall  cheerfully  concur  in  the  beneficial  measures  which  your  delib- 
erations shall  mature  on  the  various  subjects  demanding  your  attention; 
and  while  directing  your  labors  to  advance  the  real  interests  of  our 
countr\-,  you  receive  its  blessings.  With  perfect  sincerity  my  individual 
wishes  will  be  offered  for  your  present  and  future  felicity. 

GO  WASHINGTON. 
December  i6.  1796. 


SPECIAL  MESSAGES. 

United  States, /an?mrj  ^,  rygj. 
Gentlemen  of  the  Senate: 

I  lay  before  you  for  your  consideration  a  treaty  which  has  been 
negotiated  and  concluded  on  the  29th  day  of  June  last  by  Benjamin 
Hawkins,  Andrew  Pickens,  and  George  Clymer,  commissioners  on  behalf 
of  the  United  States,  with  the  Creek  Indians,  together  with  the  instruc- 
tion's which  were  given  to  the  said  commissioners  and  the  proceedings  at 
the  place  of  treaty. 

I  submit  also  the  proceedings  and  result  of  a  treaty,  held  at  the  city  of 
New  York,  on  behalf  of  the  State  of  New  York,  with  certain  nations  or 
tribes  of  Indians  denominating  themselves  the  Seven  Nations  of  Canada. 

GO  WASHINGTON. 


United  States,  fanuary  p,  1797. 
Gentlemen  of  the  Senate  and  of  the  House  of  Represetitatives: 

Herewith  I  lay  before  you  in  confidence  reports  from  the  Departments 
of  State  and  the  Treasury,  by  which  you  will  see  the  present  situation  of 
our  affairs  with  the  Dey  and  Regency  of  Algiers. 

GO  WASHINGTON. 

United  States,  fanuary  /p,  1797. 
Gentlemen  of  the  Senate  and  of  the  House  of  Representatives: 

At  the  opening  of  the  present  session  of  Congress  I  mentioned  that 
some  circumstances  of  an  unwelcome  nature  had  lately  occurred  in  rela- 
tion to  France;  that  our  trade  had  suffered,  and  was  suffering,  extensive 
injuries  in  the  West  Indies  from  the  cruisers  and  agents  of  the  French 
Republic,  and  that  communications  had  been  received  from  its  minister 


George  Washington  2ii 

here  which  indicated  danger  of  a  further  disturbance  of  our  commerce  by 
its  authority,  and  that  were  in  other  respects  far  from  agreeable,  but 
that  I  reserved  for  a  special  message  a  more  particular  communication 
on  this  interesting  subject.     This  communication  I  now  make. 

The  complaints  of  the  French  minister  embraced  most  of  the  transac- 
tions of  our  Government  in  relation  to  France  from  an  early  period  of 
the  present  war,  which,  therefore,  it  was  necessary  carefully  to  review. 
A  collection  has  been  formed  of  letters  and  papers  relating  to  those 
transactions,  which  I  now  lay  before  you,  with  a  letter  to  Mr.  Pinckney, 
our  minister  at  Paris,  containing  an  examination  of  the  notes  of  the 
F'rench  minister  and  such  information  as  I  thought  might  be  useful  to 
Mr.  Pinckney  in  any  further  representations  he  might  find  necessary  to 
be  made  to  the  French  Government.  The  immediate  object  of  his  mis- 
sion was  to  make  to  that  Government  such  explanations  of  the  principles 
and  conduct  of  our  own  as,  by  manifesting  our  good  faith,  might  remove 
all  jealousy  and  discontent  and  maintain  that  harmony  and  good  under- 
standing with  the  French  Republic  which  it  has  been  my  constant  solici- 
tude to  preserve.  A  government  which  required  only  a  knowledge  of 
the  truth  to  justify  its  measures  could  not  but  be  anxious  to  have  this 
fully  and  frankly  displayed. 

GO  WASHINGTON. 


United  States,  March  2,  1797. 
Gentlemen  of  the  Senate: 

Application  having  been  made  to  me  to  permit  a  treaty  to  be  held  with 
the  Seneca  Nation  of  Indians  to  effect  the  purchase  of  a  parcel  of  their 
land  under  a  preemption  right  derived  from  the  State  of  Massachusetts 
and  situated  within  the  State  of  New  York,  and  it  appearing  to  me 
reasonable  that  such  opportunity  should  be  afforded,  provided  the  nego- 
tiation shall  be  conducted  at  the  expense  of  the  applicant,  and  at  the 
desire  and  with  the  consent  of  the  Indians,  always  considering  these  as 
prerequisites,  I  now  nominate  Isaac  Smith  to  be  a  commissioner  to  hold 
a  treaty  with  the  Seneca  Nation  for  the  aforesaid  purpose. 

GO  WASHINGTON. 


VETO  MESSAGE. 

United  States,  February  28,  1797. 
Gentlemen  of  the  House  of  Representatives: 

Having  maturely  considered  the  bill  to  alter  and  amend  an  act  entitled 
"An  act  to  ascertain  and  fix  the  military  estabhshment  of  the  United 
States,"  which  was  pre.sented  to  me  on  the  2 2d  day  of  this  month,  I  now 


212  Messages  and  Papers  of  the  Presidents 

return  it  to  the  House  of  Representatives,  in  which  it  originated,  with 
my  objections : 

First.  If  the  bill  passes  into  a  law,  the  two  companies  of  light  dragoons 
will  be  from  that  moment  legally  out  of  service,  though  they  will  after- 
wards continue  actually  in  service;  and  for  their  services  during  this 
interval,  namely,  from  the  time  of  legal  to  the  time  of  actual  discharge, 
it  will  not  be  lawful  to  pay  them,  unless  some  future  provision  be  made 
by  law.  Though  they  may  be  discharged  at  the  pleasure  of  Congress, 
in  justice  they  ought  to  receive  their  pay,  not  only  to  the  time  of  passing 
the  law,  but  at  least  to  the  time  of  their  actual  discharge. 

Secondly.  It  will  be  inconvenient  and  injurious  to  the  public  to  dis- 
miss the  light  dragoons  as  soon  as  notice  of  the  law  can  be  conveyed  to 
them,  one  of  the  companies  having  been  lately  destined  to  a  necessary 
and  important  service. 

Thirdly.  The  companies  of  light  dragoons  consist  of  126  noncommis- 
sioned officers  and  privates,  who  are  bound  to  serve  as  dismounted  dra- 
goons when  ordered  so  to  do.  They  have  received  in  bounties  about 
$2,000.  One  of  them  is  completely  equipped,  and  above  half  of  the  non- 
commissioned officers  and  privates  have  yet  to  ser\^e  more  than  one-third 
of  the  time  of  their  enlistment;  and  besides,  there  will  in  the  course  of  the 
year  be  a  considerable  deficiency  in  the  complement  of  infantry  intended 
to  be  continued.  Under  these  circumstances,  to  discharge  the  dragoons 
does  not  seem  to  comport  with  economy. 

Fourthly.  It  is  generally  agreed  that  some  cavalry,  either  militia  or 
regular,  will  be  necessary;  and  according  to  the  best  information  I  have 
been  able  to  obtain,  it  is  my  opinion  that  the  latter  will  be  less  expensive 
and  more  useful  than  the  former  in  preserving  peace  between  the  frontier 
settlers  and  the  Indians,  and  therefore  a  part  of  the  military  establish- 
ment should  consist  of  cavalry. 

GO  WASHINGTON. 


PROCLAMATION. 

[  From  Senate  Journal,  vol.  2,  p.  397.] 

March  i,  1797. 
To  the  Vice-President  and  Senators  of  the  United  States,  respectively. 

Sir:  It  appearing  to  me  proper  that  the  Senate  of  the  United  States 
should  be  convened  on  Saturday,  the  4th  of  March  instant,  you  are  desired 
to  attend  in  the  Chamber  of  the  Senate  on  that  day,  at  10  o'clock  in 
the  forenoon,  to  receive  any  communications  which  the  President  of  the 
United  States  may  then  lay  before  you  touching  their  interests. 

GO  WASHINGTON. 


George  Washington  213 

FAREWELL   ADDRESS. 

United  States,  September  //,  1796. 
Friends  and  Fellow- Citize7is: 

The  period  for  a  new  election  of  a  citizen  to  administer  the  Executive 
Gov^ernment  of  the  United  States  being  not  far  distant,  and  the  time 
actually  arrived  when  your  thoughts  must  be  employed  in  designating 
the  person  who  is  to  be  clothed  with  that  important  trust,  it  appears  to 
me  proper,  especially  as  it  may  conduce  to  a  more  distinct  expression  of 
the  public  voice,  that  I  should  now  apprise  you  of  the  resolution  I  have 
formed  to  decline  being  considered  among  the  number  of  those  out  of 
whom  a  choice  is  to  be  made. 

I  beg  you  at  the  same  time  to  do  me  the  justice  to  be  assured  that 
this  resolution  has  not  been  taken  without  a  strict  regard  to  all  the  con- 
siderations appertaining  to  the  relation  which  binds  a  dutiful  citizen  to 
his  country;  and  that  in  withdrawing  the  tender  of  service,  which  silence 
in  my  situation  might  imply,  I  am  influenced  by  no  diminution  of  zeal 
for  your  future  interest,  no  deficiency  of  grateful  respect  for  your  past 
kindness,  but  am  supported  by  a  full  conviction  that  the  step  is  compati- 
ble with  both. 

The  acceptance  of  and  continuance  hitherto  in  the  office  to  which 
your  suffrages  have  twice  called  me  have  been  a  uniform  sacrifice  of 
inclination  to  the  opinion  of  duty  and  to  a  deference  for  what  appeared 
to  be  your  desire.  I  constantly  hoped  that  it  would  have  been  much 
earlier  in  my  power,  consistently  with  motives  which  I  was  not  at  liberty 
to  disregard,  to  return  to  that  retirement  from  which  I  had  been  reluc- 
tantly drawn.  The  strength  of  my  inclination  to  do  this  previous  to  the 
last  election  had  even  led  to  the  preparation  of  an  address  to  declare  it 
to  you;  but  mature  reflection  on  the  then  perplexed  and  critical  posture 
of  our  affairs  with  foreign  nations  and  the  unanimous  advice  of  persons 
entitled  to  my  confidence  impelled  me  to  abandon  the  idea.  I  rejoice 
that  the  state  of  your  concerns,  external  as  well  as  internal,  no  longer 
renders  the  pursuit  of  inclination  incompatible  with  the  sentiment  of  duty 
or  propriety,  and  am  persuaded,  whatever  partiality  may  be  retained  for 
my  services,  that  in  the  present  circumstances  of  our  country  you  will  not 
disapprove  my  determination  to  retire. 

The  impressions  with  which  I  first  undertook  the  arduous  trust  were 
explained  on  the  proper  occasion.  In  the  discharge  of  this  trust  I 
will  only  say  that  I  have,  with  good  intentions,  contributed  toward  the 
organization  and  administration  of  the  Government  the  best  exertions  of 
which  a  very  fallible  judgment  was  capable  Not  unconscious  in  the 
outset  of  the  inferiority  of  my  qualifications,  experience  in  my  own  eyes, 
perhaps  still  more  in  the  eyes  of  others,  has  strengthened  the  motives 
to  diffidence  of  myself;  and  every  day  the  increasing  weight  of  years 


214  Messages  and  Papers  of  the  Presidents 

admonishes  me  more  and  more  that  the  shade  of  retirement  is  as  neces- 
sary to  me  as  it  will  be  welcome.  Satisfied  that  if  any  circumstances 
have  given  peculiar  value  to  my  services  they  were  temporary,  I  have 
the  consolation  to  believe  that,  while  choice  and  prudence  invite  me  to 
quit  the  political  scene,  patriotism  does  not  forbid  it. 

In  looking  forward  to  the  moment  which  is  intended  to  terminate 
the  career  of  my  political  life  my  feelings  do  not  permit  me  to  suspend 
the  deep  acknowledgment  of  that  debt  of  gratitude  which  I  owe  to  my 
beloved  country  for  the  many  honors  it  has  conferred  upon  me;  still  more 
for  the  steadfast  confidence  with  which  it  has  supported  me,  and  for  the 
opportunities  I  have  thence  enjoyed  of  manifesting  my  inviolable  attach- 
ment by  services  faithful  and  persevering,  though  in  usefulness  unequal 
to  my  zeal.  If  benefits  have  resulted  to  our  country  from  these  services, 
let  it  always  be  remembered  to  your  praise  and  as  an  instructive  example 
in  our  annals  that  under  circumstances  in  which  the  passions,  agitated 
in  every  direction,  were  liable  to  mislead;  amidst  appearances  sometimes 
dubious;  vicissitudes  of  fortune  often  discouraging;  in  situations  in 
which  not  unfrequently  want  of  success  has  countenanced  the  spirit  of 
criticism,  the  constancy  of  your  support  was  the  essential  prop  of  the 
efforts  and  a  guaranty  of  the  plans  by  which  they  were  effected.  Pro- 
foundly penetrated  with  this  idea,  I  shall  carry  it  with  me  to  my  grave 
as  a  strong  incitement  to  unceasing  vows  that  Heaven  may  continue  to 
you  the  choicest  tokens  of  its  beneficence;  that  your  union  and  brotherly 
affection  may  be  perpetual;  that  the  free  Constitution  which  is  the  work 
of  your  hands  may  be  sacredly  maintained;  that  its  administration  in 
every  department  may  be  stamped  with  wisdom  and  virtue;  that,  in  fine, 
the  happiness  of  the  people  of  these  States,  under  the  auspices  of  liberty, 
may  be  made  complete  by  so  careful  a  preservation  and  so  prudent  a  use 
of  this  blessing  as  will  acquire  to  them  the  glory  of  recommending  it  to 
the  applause,  the  affection,  and  adoption  of  every  nation  which  is  yet  a 
stranger  to  it. 

Here,  perhaps,  I  ought  to  stop.  But  a  solicitude  for  your  welfare 
which  can  not  end  but  with  my  life,  and  the  apprehension  of  danger 
natural  to  that  solicitude,  urge  me  on  an  occasion  like  the  present  to 
offer  to  your  solemn  contemplation  and  to  recommend  to  your  frequent 
review  some  sentiments  which  are  the  result  of  much  reflection,  of  no 
inconsiderable  observation,  and  which  appear  to  me  all  important  to  the 
permanency  of  your  felicity  as  a  people.  These  will  be  offered  to  you 
with  the  more  freedom  as  you  can  only  see  in  them  the  disinterested 
warnings  of  a  parting  friend,  who  can  possibly  have  no  personal  motive  to 
bias  his  counsel.  Nor  can  I  forget  as  an  encouragement  to  it  your  indul- 
gent reception  of  my  sentiments  on  a  former  and  not  dissimilar  occasion. 

Interwoven  as  is  the  love  of  liberty  with  every  ligament  of  your  hearts, 
no  recommendation  of  mine  is  necessary  to  fortify  or  confirm  the  attach- 
ment. 


George  Washington  215 

The  unity  of  government  which  constitutes  you  one  people  is  also  now 
dear  to  you.  It  is  justly  so,  for  it  is  a  main  pillar  in  the  edifice  of  your 
real  independence,  the  support  of  your  tranquillity  at  home,  your  peace 
abroad,  of  your  safety,  of  your  prosperity,  of  that  very  liberty  which  you 
so  highly  prize.  But  as  it  is  easy  to  foresee  that  from  different  causes 
and  from  different  quarters  much  pains  will  be  taken,  many  artifices 
employed,  to  weaken  in  your  minds  the  conviction  of  this  truth,  as  this 
is  the  point  in  your  political  fortress  against  which  the  batteries  of 
internal  and  external  enemies  will  be  most  constantly  and  actively 
(though  often  covertly  and  insidiously)  directed,  it  is  of  infinite  moment 
that  you  should  properly  estimate  the  immense  value  of  your  national 
union  to  your  collective  and  individual  happiness ;  that  you  should 
cherish  a  cordial,  habitual,  and  immovable  attachment  to  it ;  accustommg 
yourselves  to  think  and  speak  of  it  as  of  the  palladium  of  your  political 
safety  and  prosperity;  watching  for  its  preserv^ation  with  jealous  anxiety; 
discountenancing  whatever  may  suggest  even  a  suspicion  that  it  can  in 
any  event  be  abandoned,  and  indignantly  frowning  upon  the  first  dawn- 
ing of  every  attempt  to  alienate  any  portion  of  our  country  from  the  rest 
or  to  enfeeble  the  sacred  ties  which  now  link  together  the  various  parts. 

For  this  you  have  every  inducement  of  sympathy  and  interest.  Citizens 
by  birth  or  choice  of  a  common  country,  that  country  has  a  right  to  con- 
centrate your  affections.  The  name  of  American,  which  belongs  to  you 
in  your  national  capacity,  must  always  exalt  the  just  pride  of  patriotism 
more  than  any  appellation  derived  from  local  discriminations.  With 
slight  shades  of  difference,  you  have  the  same  religion,  manners,  habits, 
and  political  principles.  You  have  in  a  common  cause  fought  and 
triumphed  together.  The  independence  and  liberty  you  possess  are  the 
work  of  joint  councils  and  joint  efforts,  of  common  dangers,  sufferings, 
and  successes. 

But  these  considerations,  however  powerfully  they  address  themselves 
to  your  sensibility,  are  greatly  outweighed  by  those  which  apply  more 
immediately  to  your  interest.  Here  every  portion  of  our  country  finds 
the  most  commanding  motives  for  carefully  guarding  and  preserving  the 
union  of  the  whole. 

The  North,  in  an  unrestrained  intercourse  with  the  Sotith,  protected  by 
the  equal  laws  of  a  common  government,  finds  in  the  productions  of  the 
latter  great  additional  resources  of  maritime  and  commercial  enterprise 
and  precious  materials  of  manufacturing  industry.  The  South,  in  the 
same  intercourse,  benefiting  by  the  same  agency  of  the  North,  sees  its 
agriculture  grow  and  its  commerce  expand.  Turning  partly  into  its  own 
channels  the  seamen  of  the  North,  it  finds  its  particular  navigation 
invigorated ;  and  while  it  contributes  in  different  ways  to  nourish  and 
increase  the  general  mass  of  the  national  navigation,  it  looks  forward  to 
the  protection  of  a  maritime  strength  to  which  it.self  is  unequally  adapted. 
The  East,  in  a  like  intercourse  with  the  West,  already  finds,  and  in  the 


2i6  Messages  and  Papers  of  the  Presidents 

progressive  improvement  of  interior  communications  by  land  and  water 
will  more  and  more  find,  a  valuable  vent  for  the  commodities  which  it 
brings  from  abroad  or  manufactures  at  home.  The  West  derives  from 
the  East  supplies  requisite  to  its  growth  and  comfort,  and  what  is  per- 
haps of  still  greater  consequence,  it  must  of  necessity  owe  the  secure 
enjoyment  of  indispensable  outlets  for  its  own  productions  to  the  weight, 
influence,  and  the  future  maritime  strength  of  the  Atlantic  side  of  the 
Union,  directed  by  an  indissoluble  community  of  interest  as  one  natio7i. 
Any  other  tenure  by  which  the  West  can  hold  this  essential  advantage, 
whether  derived  from  its  own  separate  strength  or  from  an  apostate  and 
unnatural  connection  with  any  foreign  power,  must  be  intrinsically  pre- 
carious. 

While,  then,  every  part  of  our  country  thus  feels  an  immediate  and 
particular  interest  in  union,  all  the  parts  combined  can  not  fail  to  find  in 
the  united  mass  of  means  and  efforts  greater  strength,  greater  resource, 
proportionably  greater  security  from  external  danger,  a  less  frequent 
interruption  of  their  peace  by  foreign  nations,  and  what  is  of  inestimable 
value,  they  must  derive  from  union  an  exemption  from  those  broils  and 
wars  between  themselves  which  so  frequently  afilict  neighboring  countries 
not  tied  together  bj-  the  same  governments,  which  their  own  rivalships 
alone  would  be  sufficient  to  produce,  but  which  opposite  foreign  alli- 
ances, attachments,  and  intrigues  would  stimulate  and  imbitter.  Hence, 
likewise,  they  will  avoid  the  necessity  of  those  overgrown  military  estab- 
lishments which,  under  any  form  of  government,  are  inauspicious  to 
lil^erty,  and  which  are  to  be  regarded  as  particularly  hostile  to  repub- 
lican liberty.  In  this  sense  it  is  that  your  union  ought  to  be  considered 
as  a  main  prop  of  your  liberty,  and  that  the  love  of  the  one  ought  to 
endear  to  you  the  preser\^ation  of  the  other. 

These  considerations  speak  a  persuasive  language  to  every  reflecting 
and  virtuous  mind,  and  exhibit  the  continuance  of  the  union  as  a  primary 
object  of  patriotic  desire.  Is  there  a  doubt  whether  a  common  govern- 
ment can  embrace  so  large  a  sphere?  Let  experience  solve  it.  To  listen 
to  mere  speculation  in  such  a  case  were  criminal.  We  are  authorized  to 
hope  that  a  proper  organization  of  the  whole,  with  the  auxiliary  agency 
of  governments  for  the  respective  subdivisions,  will  afford  a  happy  issue 
to  the  experiment.  It  is  well  worth  a  fair  and  full  experiment.  With 
such  powerful  and  obvious  motives  to  union  affecting  all  parts  of  our 
country,  while  experience  shall  not  have  demonstrated  its  impractica- 
bility, there  will  always  be  reason  to  distrust  the  patriotism  of  those  who 
in  any  quarter  may  endeavor  to  weaken  its  bands. 

In  contemplating  the  causes  which  may  disturb  our  union  it  occurs 
as  matter  of  serious  concern  that  any  ground  should  have  been  furnished 
for  characterizing  parties  by  geographical  discriminations — Northern  and 
Southern,  Atlantic  and  Western — whence  designing  men  may  endeavor  to 
excite  a  belief  that  there  is  a  real  difference  of  local  interests  and  views. 


George  Washington  217 

One  of  the  expedients  of  party  to  acquire  influence  within  particular  dis- 
tricts is  to  misrepresent  the  opinions  and  aims  of  other  districts.  You 
can  not  shield  yourselves  too  much  against  the  jealousies  and  heartburn- 
ings which  spring  from  these  misrepresentations;  they  tend  to  render 
alien  to  each  other  those  who  ought  to  be  bound  together  by  fraternal 
affection.  The  inhabitants  of  our  Western  country  have  lately  had  a 
useful  lesson  on  this  head.  They  have  seen  in  the  negotiation  by  the 
Executive  and  in  the  unanimous  ratification  by  the  Senate  of  the  treaty 
with  Spain,  and  in  the  universal  satisfaction  at  that  event  throughout 
the  United  States,  a  decisive  proof  how  unfounded  were  the  suspicions 
propagated  among  them  of  a  policy  in  the  General  Government  and  in  the 
Atlantic  States  unfriendly  to  their  interests  in  regard  to  the  Mississippi. 
They  have  been  witnesses  to  the  formation  of  two  treaties — that  with 
Great  Britain  and  that  with  Spain — which  secure  to  them  everything 
they  could  desire  in  respect  to  our  foreign  relations  toward  confirming 
their  prosperity.  Will  it  not  be  their  wisdom  to  rely  for  the  preserva- 
tion of  these  advantages  on  the  union  by  which  they  were  procured? 
Will  they  not  henceforth  be  deaf  to  those  advisers,  if  such  there  are,  who 
would  sever  them  from  their  brethren  and  connect  them  with  aliens? 

To  the  efficacy  and  permanency  of  your  union  a  government  for  the 
whole  is  indispensable.  No  alliances,  however  strict,  between  the  parts 
can  be  an  adequate  substitute.  They  must  inevitably  experience  the 
infractions  and  interruptions  which  all  alliances  in  all  times  have  experi- 
enced. Sensible  of  this  momentous  truth,  you  have  improved  upon  your 
first  essay  by  the  adoption  of  a  Constitution  of  Government  better  calcu- 
lated than  your  former  for  an  intimate  union  and  for  the  efficacious  man- 
agement of  your  common  concerns.  This  Government,  the  offspring 
of  our  own  choice,  uninfluenced  and  unaw^d,  adopted  upon  full  inves- 
tigation and  mature  deliberation,  completely  free  in  its  principles,  in  the 
distribution  of  its  powers,  uniting  security  with  energy,  and  containing 
within  itself  a  provision  for  its  own  amendment,  has  a  just  claim  to  your 
confidence  and  your  support.  Respect  for  its  authority,  compliance  with 
its  laws,  acquiescence  in  its  measures,  are  duties  enjoined  by  the  funda- 
mental maxims  of  true  liberty.  The  basis  of  our  political  systems  is  the 
right  of  the  people  to  make  and  to  alter  their  constitutions  of  govern- 
ment. But  the  constitution  which  at  any  time  exists  till  changed  by  an 
explicit  and  authentic  act  of  the  whole  people  is  sacredly  obligatory 
upon  all.  The  very  idea  of  the  power  and  the  right  of  the  people  to  estab- 
lish government  presupposes  the  duty  of  every  individual  to  obey  the 
established  government. 

All  obstructions  to  the  execution  of  the  laws,  all  combinations  and 
associations,  under  whatever  plausible  character,  with  the  real  design  to 
direct,  control,  counteract,  or  awe  the  regular  deliberation  and  action  of 
the  constituted  authorities,  are  destructive  of  this  fundamental  principle 
and  of  fatal  tendency.     They  ser\-e  to  organize  faction;  to  give  it  an 


2i8  Messages  and  Papers  of  the  Presidents 

artificial  and  extraordinary  force;  to  put  in  the  place  of  the  delegated  will 
of  the  nation  the  will  of  a  party,  often  a  small  but  artful  and  enterprising 
minority  of  the  community,  and,  according  to  the  alternate  triumphs  of 
different  parties,  to  make  the  public  administration  the  mirror  of  the 
ill-concerted  and  incongruous  projects  of  faction  rather  than  the  organ 
of  consistent  and  wholesome  plans,  digested  by  common  counsels  and 
modified  by  mutual  interests. 

However  combinations  or  associations  of  the  above  description  may 
now  and  then  answer  popular  ends,  they  are  likely  in  the  course  of  time 
and  things  to  become  potent  engines  by  which  cunning,  ambitious,  and 
unprincipled  men  will  be  enabled  to  subvert  the  power  of  the  people, 
and  to  usurp  for  themselves  the  reins  of  government,  destroying  after- 
wards the  very  engines  which  have  lifted  them  to  unjust  dominion. 

Toward  the  preservation  of  your  Government  and  the  permanency  of 
your  present  happy  state,  it  is  requisite  not  only  that  you  steadily  dis- 
countenance irregular  oppositions  to  its  acknowledged  authority,  but  also 
that  you  resist  with  care  the  spirit  of  innovation  upon  its  principles, 
however  specious  the  pretexts.  One  method  of  assault  may  be  to  effect 
in  the  forms  of  the  Constitution  alterations  which  will  impair  the  energy 
of  the  system,  and  thus  to  undermine  what  can  not  be  directly  over- 
thrown. In  all  the  changes  to  which  you  may  be  invited  remember 
that  time  and  habit  are  at  least  as  necessary  to  fix  the  true  character  of 
governments  as  of  other  human  institutions;  that  experience  is  the  surest 
standard  by  which  to  test  the  real  tendency  of  the  existing  constitution 
of  a  countrj^;  that  facility  in  changes  upon  the  credit  of  mere  hypothesis 
and  opinion  exposes  to  perpetual  change,  from  the  endless  variety  of 
hypothesis  and  opinion;  and  remember  especially  that  for  the  efficient 
management  of  your  common  interests  in  a  country  so  extensive  as  ours 
a  government  of  as  much  vigor  as  is  consistent  with  the  perfect  security 
of  liberty  is  indispensable.  lyiberty  itself  will  find  in  such  a  government, 
with  powers  properly  distributed  and  adjusted,  its  surest  guardian.  It 
is,  indeed,  little  else  than  a  name  where  the  government  is  too  feeble 
to  withstand  the  enterprises  of  faction,  to  confine  each  member  of  the 
society  within  the  limits  prescribed  by  the  laws,  and  to  maintain  all  in 
the  secure  and  tranquil  enjoyment  of  the  rights  of  person  and  property. 

I  have  already  intimated  to  you  the  danger  of  parties  in  the  State, 
with  particular  reference  to  the  founding  of  them  on  geographical  dis- 
criminations. L,et  me  now  take  a  more  comprehensive  view,  and  warn 
you  in  the  most  solemn  manner  against  the  baneful  effects  of  the  spirit 
of  party  generally. 

This  spirit,  unfortunately,  is  inseparable  from  our  nature,  having  its 
root  in  the  strongest  passions  of  the  human  mind.  It  exists  under  differ- 
ent shapes  in  all  governments,  more  or  less  stifled,  controlled,  or  repressed; 
but  in  those  of  the  popular  form  it  is  seen  in  its  greatest  rankness  and  is 
truly  their  worst  enemy. 


George  Washington  219 

The  alternate  domination  of  one  faction  over  another,  sharpened  by 
the  spirit  of  revenge  natural  to  party  dissension,  which  in  different  ages 
and  countries  has  perpetrated  the  most  horrid  enormities,  is  itself  a 
frightful  despotism.  But  this  leads  at  length  to  a  more  formal  and  per- 
manent despotism.  The  disorders  and  miseries  which  result  gradually 
incline  the  minds  of  men  to  seek  .security  and  repose  in  the  absolute 
power  of  an  individual,  and  sooner  or  later  the  chief  of  some  prevailing 
faction,  more  able  or  more  fortunate  than  his  competitors,  turns  this  dis- 
position to  the  purposes  of  his  own  elevation  on  the  ruins  of  public  liberty. 

Without  looking  forward  to  an  extremity  of  this  kind  (which  never- 
theless ought  not  to  be  entirely  out  of  sight),  the  common  and  continual 
mi.schiefs  of  the  spirit  of  party  are  sufficient  to  make  it  the  interest  and 
duty  of  a  wise  people  to  discourage  and  restrain  it. 

It  serves  always  to  distract  the  public  councils  and  enfeeble  the  public 
administration.  It  agitates  the  community  with  ill-founded  jealousies 
and  false  alarms ;  kindles  the  animosity  of  one  part  against  another ; 
foments  occasionally  riot  and  insurrection.  It  opens  the  door  to  foreign 
influence  and  corruption,  which  find  a  facilitated  access  to  the  govern- 
ment itself  through  the  channels  of  party  passion.  Thus  the  policy  and 
the  will  of  one  country  are  subjected  to  the  policy  and  will  of  another. 

There  is  an  opinion  that  parties  in  free  countries  are  useful  checks 
upon  the  administration  of  the  government,  and  serve  to  keep  alive  the 
spirit  of  liberty.  This  within  certain  limits  is  probably  true;  and  in  gov- 
ernments of  a  monarchical  cast  patriotism  may  look  with  indulgence,  if  not 
with  favor,  upon  the  spirit  of  party.  But  in  those  of  the  popular  char- 
acter, in  governments  purely  elective,  it  is  a  spirit  not  to  be  encouraged. 
From  their  natural  tendency  it  is  certain  there  will  always  be  enough  of  that 
spirit  for  every  salutary  purpose;  and  there  being  constant  danger  of  excess, 
the  effort  ought  to  be  by  force  of  public  opinion  to  mitigate  and  assuage  it. 
A  fire  not  to  be  quenched,  it  demands  a  uniform  vigilance  to  prevent  its 
bursting  into  a  flame,  lest,  instead  of  warming,  it  should  consume. 

It  is  important,  likewise,  that  the  habits  of  thinking  in  a  free  country 
should  in.spire  caution  in  those  intrusted  with  its  administration  to  con- 
fine themselves  within  their  respective  constitutional  spheres,  avoiding 
in  the  exercise  of  the  powers  of  one  department  to  encroach  upon 
another.  The  spirit  of  encroachment  tends  to  consolidate  the  powers  of 
all  the  departments  in  one,  and  thus  to  create,  whatever  the  form  of 
government,  a  real  despotism,  A  just  estimate  of  that  love  of  power 
and  proneness  to  abuse  it  which  predominates  in  the  human  heart  is 
sufficient  to  satisfy  us  of  the  truth  of  this  position.  The  necessity  of 
reciprocal  checks  in  the  exercise  of  political  power,  by  dividing  and  dis- 
tributing it  into  different  depositories,  and  constituting  each  the  guardian 
of  the  public  weal  against  invasions  by  the  others,  has  been  evinced 
by  experiments  ancient  and  modern,  some  of  them  in  our  country 
and  under  our  own  eyes.     To  preserve  them  must  be  as  necessary 


220  Messages  and  Papers  of  the  Presidents 

as  to  institute  them.  If  in  the  opinion  of  the  people  the  distribution 
or  modification  of  the  constitutional  powers  be  in  any  particular  wrong, 
let  it  be  corrected  by  an  amendment  in  the  way  which  the  Constitu- 
tion designates.  But  let  there  be  no  change  by  usurpation;  for  though 
this  in  one  instance  may  be  the  instrument  of  good,  it  is  the  customary 
weapon  by  which  free  governments  are  destroyed.  The  precedent  must 
always  greatly  overbalance  in  permanent  evil  any  partial  or  transient 
benefit  which  the  use  can  at  any  time  yield. 

Of  all  the  dispositions  and  habits  which  lead  to  political  prosperity, 
religion  and  morality  are  indispensable  supports.  In  vain  would  that 
man  claim  the  tribute  of  patriotism  who  should  labor  to  subvert  these 
great  pillars  of  human  happiness — these  firmest  props  of  the  duties  of 
men  and  citizens.  The  mere  politician,  equally  with  the  pious  man, 
ought  to  respect  and  to  cherish  them.  A  volume  could  not  trace  all  their 
connections  with  private  and  public  felicity.  Let  it  simply  be  a.sked, 
Where  is  the  security  for  property,  for  reputation,  for  life,  if  the  sense  of 
religious  obligation  desert  the  oaths  which  are  the  instruments  of  inves- 
tigation in  courts  of  justice?  And  let  us  with  caution  indulge  the 
supposition  that  morality  can  be  maintained  without  religion.  Whatever 
may  be  conceded  to  the  influence  of  refined  education  on  minds  of 
peculiar  structure,  reason  and  experience  both  forbid  us  to  expect  that 
national  morality  can  prevail  in  exclusion  of  religious  principle. 

It  is  substantially  true  that  virtue  or  morality  is  a  necessarj"^  spring  of 
popular  government.  The  rule  indeed  extends  with  more  or  less  force 
to  every  species  of  free  government.  Who  that  is  a  sincere  friend  to  it 
can  look  with  indifference  upon  attempts  to  shake  the  foundation  of  the 
fabric?  Promote,  then,  as  an  object  of  primary  importance,  institutions 
for  the  general  diffusion  of  knowledge.  In  proportion  as  the  structure 
of  a  government  gives  force  to  public  opinion,  it  is  essential  that  public 
opinion  should  be  enlightened. 

As  a  ver>'  important  source  of  strength  and  security,  cherish  public 
credit.  One  method  of  preserving  it  is  to  use  it  as  sparingly  as  possible, 
avoiding  occasions  of  expense  by  cultivating  peace,  but  remembering 
also  that  timely  disbursements  to  prepare  for  danger  frequently  prevent 
much  greater  disbursements  to  repel  it;  avoiding  likewise  the  accumula- 
tion of  debt,  not  only  by  shunning  occasions  of  expense,  but  by  vigorous 
exertions  in  time  of  peace  to  discharge  the  debts  which  unavoidable  wars 
have  occasioned,  not  ungenerously  throwing  upon  posterity  the  burthen 
which  we  ourselves  ought  to  bear.  The  execution  of  these  maxims 
belongs  to  your  representatives;  but  it  is  necessary  that  public  opinion 
should  cooperate.  To  facilitate  to  them  the  performance  of  their  duty  it 
is  essential  that  you  should  practically  bear  in  mind  that  toward  the  pay- 
ment of  debts  there  must  be  revenue;  that  to  have  revenue  there  must 
be  taxes;  that  no  taxes  can  be  devised  which  are  not  more  or  less  incon- 
venient and  unpleasant ;   that  the  intrinsic  embarrassment  inseparable 


George  Washington  231 

frcm  the  selection  of  the  proper  objects  (which  is  always  a  choice  of 
difficulties),  ought  to  be  a  decisive  motive  for  a  candid  construction  of  the 
conduct  of  the  Government  in  making  it,  and  for  a  spirit  of  acquiescence 
in  the  measures  for  obtaining  revenue  which  the  public  exigencies  may 
at  any  time  dictate. 

Observe  good  faith  and  justice  toward  all  nations.  Cultivate  peace 
and  harmony  with  all.  Religion  and  morality  enjoin  this  conduct.  And 
can  it  be  that  good  policy  does  not  equally  enjoin  it?  It  will  be  worthy 
of  a  free,  enlightened,  and  at  no  distant  period  a  great  nation  to  give 
to  mankind  the  magnanimous  and  too  novel  example  of  a  people  always 
guided  by  an  exalted  justice  and  benevolence.  Who  can  doubt  that  in 
the  course  of  time  and  things  the  fruits  of  such  a  plan  would  richly  repay 
any  temporary  advantages  which  might  be  lost  by  a  steady  adherence  to 
it  ?  Can  it  be  that  Providence  has  not  connected  the  permanent  felicity  of 
a  nation  with  its  virtue?  The  experiment,  at  least,  is  recommended  by 
every  sentiment  which  ennobles  human  nature.  Alas !  is  it  rendered 
impossible  by  its  vices  ? 

In  the  execution  of  such  a  plan  nothing  is  more  essential  than  that 
permanent,  inveterate  antipathies  against  particular  nations  and  passion- 
ate attachments  for  others  should  be  excluded,  and  that  in  place  of  them 
just  and  amicable  feelings  toward  all  should  be  cultivated.  The  nation 
which  indulges  toward  another  an  habitual  hatred  or  an  habitual  fond- 
ness is  in  some  degree  a  slave.  It  is  a  slave  to  its  animosity  or  to  its 
affection,  either  of  which  is  sufficient  to  lead  it  astray  from  its  duty  and 
its  interest.  Antipathy  in  one  nation  against  another  disposes  each 
more  readily  to  offer  insult  and  injury,  to  lay  hold  of  slight  causes  of 
umbrage,  and  to  be  haughty  and  intractable  when  accidental  or  trifling 
occasions  of  dispute  occur. 

Hence  frequent  collisions,  obstinate,  envenomed,  and  bloody  contests. 
The  nation  prompted  by  ill  will  and  resentment  sometimes  impels  to  war 
the  government  contrary  to  the  best  calculations  of  policy.  The  gov- 
ernment sometimes  participates  in  the  national  propensity,  and  adopts 
through  passion  what  reason  would  reject.  At  other  times  it  makes  the 
animosity  of  the  nation  subservient  to  projects  of  hostility,  instigated  by 
pride,  ambition,  and  other  sinister  and  pernicious  motives.  The  peace 
often,  sometimes  perhaps  the  liberty,  of  nations  has  been  the  victim. 

So,  likewise,  a  passionate  attachment  of  one  nation  for  another  pro- 
duces a  variety  of  evils.  Sympathy  for  the  favorite  nation,  facilitating 
the  illusion  of  an  imaginary  common  interest  in  cases  where  no  real 
common  interest  exists,  and  infusing  into  one  the  enmities  of  the  other, 
betrays  the  former  into  a  participation  in  the  quarrels  and  wars  of  the 
latter  without  adequate  inducement  or  justification.  It  leads  also  to  con- 
cessions to  the  favorite  nation  of  privileges  denied  to  others,  which  is  apt 
doubly  to  injure  the  nation  making  the  concessions  by  unnecessarily 
parting  with  what  ought  to  have  been  retained,  and  by  exciting  jealousy, 


222  Messages  and  Papers  of  the  Presidents 

ill  will,  and  a  disposition  to  retaliate  in  the  parties  from  whom  equal 
privileges  are  withheld;  and  it  gives  to  ambitious,  corrupted,  or  deluded 
citizens  (who  devote  themselves  to  the  favorite  nation)  facility  to  betray 
or  sacrifice  the  interests  of  their  own  country  without  odium,  sometimes 
even  with  popularity,  gilding  with  the  appearances  of  a  virtuous  sense 
of  obligation,  a  commendable  deference  for  public  opinion,  or  a  laudable 
zeal  for  public  good  the  base  or  foolish  compliances  of  ambition,  corrup- 
tion, or  infatuation. 

As  avenues  to  foreign  influence  in  innumerable  ways,  such  attach- 
ments are  particularly  alarming  to  the  truly  enlightened  and  independ- 
ent patriot.  How  many  opportunities  do  they  afford  to  tamper  with 
domestic  factions,  to  practice  the  arts  of  seduction,  to  mislead  public 
opinion,  to  influence  or  awe  the  public  councils!  Such  an  attachment  of 
a  small  or  weak  toward  a  great  and  powerful  nation  dooms  the  former 
to  be  the  satellite  of  the  latter.  Against  the  insidious  wiles  of  foreign 
influence  (  I  conjure  you  to  believe  me,  fellow-citizens)  the  jealousy  of  a 
free  people  ought  to  be  constantly  awake,  since  history  and  experience 
prove  that  foreign  influence  is  one  of  the  most  baneful  foes  of  republican 
government.  But  that  jealousy,  to  be  useful,  must  be  impartial,  else  it 
becomes  the  instrument  of  the  very  influence  to  be  avoided,  instead  of  a 
defense  against  it.  Excessive  partiality  for  one  foreign  nation  and  exces- 
sive dislike  of  another  cause  those  whom  they  actuate  to  see  danger  only 
on  one  side,  and  serv^e  to  veil  and  even  second  the  arts  of  influence  on  the 
other.  Real  patriots  who  may  resist  the  intrigues  of  the  favorite  are 
liable  to  become  suspected  and  odious,  while  its  tools  and  dupes  usurp 
the  applause  and  confidence  of  the  people  to  surrender  their  interests. 

The  great  rule  of  conduct  for  us  in  regard  to  foreign  nations  is,  in 
extending  our  commercial  relations  to  have  with  them  as  little  political 
connection  as  possible.  So  far  as  we  have  already  formed  engagements 
let  them  be  fulfilled  with  perfect  good  faith.     Here  let  us  stop. 

Europe  has  a  set  of  primary  interests  which  to  us  have  none  or  a  very 
remote  relation.  Hence  she  must  be  engaged  in  frequent  controversies, 
the  causes  of  which  are  essentially  foreign  to  our  concerns.  Hence, 
therefore,  it  must  be  unwise  in  us  to  implicate  ourselves  by  artificial  ties 
in  the  ordinary  vicissitudes  of  her  politics  or  the  ordinary  combinations 
and  collisions  of  her  friendships  or  enmities. 

Our  detached  and  distant  situation  invites  and  enables  us  to  pursue  a 
different  course.  If  we  remain  one  people,  under  an  efficient  government, 
the  period  is  not  far  off  when  we  may  defy  material  injury  from  external 
annoyance;  when  we  may  take  such  an  attitude  as  will  cause  the  neu- 
trality we  may  at  any  time  resolve  upon  to  be  scrupulously  respected; 
when  belligerent  nations,  under  the  impossibility  of  making  acquisitions 
upon  us,  will  not  lightly  hazard  the  giving  us  provocation;  when  we  may 
choose  peace  or  war,  as  our  interest,  guided  by  justice,  shall  counsel. 

Why  forego  the  advantages  of  so  peculiar  a  situation  ?     Why  quit  our 


George  Washington  223 

own  to  stand  upon  foreign  ground?  Why,  by  interweaving  our  destiny 
with  that  of  any  part  of  Europe,  entangle  our  peace  and  prosperity  in  the 
toils  of  European  ambition,  rivalship,  interest,  humor,  or  caprice? 

It  is  our  true  policy  to  steer  clear  of  permanent  alliances  with  any 
portion  of  the  foreign  world,  so  far,  I  mean,  as  we  are  now  at  liberty  to 
do  it;  for  let  me  not  be  understood  as  capable  of  patronizing  infidelity  to 
existing  engagements.  I  hold  the  maxim  no  less  applicable  to  public 
than  to  private  affairs  that  honesty  is  always  the  best  policy,  I  repeat, 
therefore,  let  those  engagements  be  observed  in  their  genuine  sense. 
But  in  my  opinion  it  is  unnecessary  and  would  be  unwise  to  extend  them. 

Taking  care  always  to  keep  ourselves  by  suitable  establishments  on  a 
respectable  defensive  posture,  we  may  safely  trust  to  temporarj^  alliances 
for  extraordinary  emergencies. 

Harmony,  liberal  intercourse  with  all  nations  are  recommended  by 
policy,  humanity,  and  interest.  But  even  our  commercial  policy  should 
hold  an  equal  and  impartial  hand,  neither  seeking  nor  granting  exclu- 
sive favors  or  preferences ;  consulting  the  natural  course  of  things ;  dif- 
fusing and  diversifying  by  gentle  means  the  streams  of  commerce,  but 
forcing  nothing  ;  establishing  with  powers  so  disposed,  in  order  to  give 
trade  a  stable  course,  to  define  the  rights  of  our  merchants,  and  to  enable 
the  Government  to  support  them,  conventional  rules  of  intercourse,  the 
best  that  present  circumstances  and  mutual  opinion  will  permit,  but  tem- 
porary and  liable  to  be  from  time  to  time  abandoned  or  varied  as  expe- 
rience and  circumstances  shall  dictate  ;  constantly  keeping  in  view  that  it 
is  folly  in  one  nation  to  look  for  disinterested  favors  from  another ;  that 
it  must  pay  with  a  portion  of  its  independence  for  whatever  it  may  accept 
under  that  character;  that  by  such  acceptance  it  may  place  itself  in  the 
condition  of  having  given  equivalents  for  nominal  favors,  and  yet  of 
being  reproached  with  ingratitude  for  not  giving  more.  There  can  be  no 
greater  error  than  to  expect  or  calculate  upon  real  favors  from  nation 
to  nation.  It  is  an  illusion  which  experience  must  cure,  which  a  just 
pride  ought  to  discard. 

In  offering  to  you,  my  countrymen,  these  counsels  of  an  old  and  affec- 
tionate friend  I  dare  not  hope  they  will  make  the  strong  and  lasting  impres- 
sion I  could  wish — that  they  will  control  the  usual  current  of  the  passions 
or  prevent  our  nation  from  running  the  course  which  has  hitherto  marked 
the  destiny  of  nations.  But  if  I  may  even  flatter  myself  that  they  may 
be  productive  of  some  partial  benefit,  some  occasional  good — that  they 
may  now  and  then  recur  to  moderate  the  fury  of  party  spirit,  to  warn 
against  the  mischiefs  of  foreign  intrigue,  to  guard  against  the  impostures 
of  pretended  patriotism — this  hope  will  be  a  full  recompense  for  the 
solicitude  for  your  welfare  by  which  they  have  been  dictated. 

How  far  in  the  discharge  of  my  official  duties  I  have  been  guided  by 
the  principles  which  have  been  delineated  the  public  records  and  other 
evidences  of  my  conduct  must  witness  to  you  and  to  the  world.     To 


224  Messages  and  Papers  of  the  Presidents 

myself,  the   assurance  of  my  own  conscience  is  that   I  have   at  least 
believed  myself  to  be  guided  by  them. 

In  relation  to  the  still  subsisting  war  in  Europe  my  proclamation  of 
the  22d  of  April,  1793,  is  the  index  to  my  plan.  Sanctioned  by  your 
approving  voice  and  by  that  of  your  representatives  in  both  Houses  of 
Congress,  the  spirit  of  that  measure  has  continually  governed  me,  unin- 
fluenced by  any  attempts  to  deter  or  divert  me  from  it. 

After  deliberate  examination,  with  the  aid  of  the  best  lights  I  could 
obtain,  I  was  well  satisfied  that  our  country,  under  all  the  circumstances 
of  the  case,  had  a  right  to  take,  and  was  bound  in  duty  and  interest  to 
take,  a  neutral  position.  Having  taken  it,  I  determined  as  far  as 
should  depend  upon  me  to  maintain  it  with  moderation,  perseverance, 
and  firmness. 

The  considerations  which  respect  the  right  to  hold  this  conduct  it  is 
not  necessary  on  this  occasion  to  detail.  I  will  only  observe  that,  according 
to  my  understanding  of  the  matter,  that  right,  so  far  from  being  denied 
by  any  of  the  belligerent  powers,  has  been  virtually  admitted  by  all. 

The  duty  of  holding  a  neutral  conduct  may  be  inferred,  without  any- 
thing more,  from  the  obligation  which  justice  and  humanity  impose  on 
every  nation,  in  cases  in  which  it  is  free  to  act,  to  maintain  inviolate  the 
relations  of  peace  and  amity  toward  other  nations. 

The  inducements  of  interest  for  observing  that  conduct  will  best  be 
referred  to  your  own  reflections  and  experience.  With  me  a  predomi- 
nant motive  has  been  to  endeavor  to  gain  time  to  our  country  to  settle 
and  mature  its  yet  recent  institutions,  and  to  progress  without  interrup- 
tion to  that  degree  of  strength  and  consistency  which  is  necessary  to 
give  it,  humanly  speaking,  the  command  of  its  own  fortunes. 

Though  in  reviewing  the  incidents  of  my  Administration  I  am  uncon- 
scious of  intentional  error,  I  am  nevertheless  too  sensible  of  my  defects 
not  to  think  it  probable  that  I  may  have  committed  many  errors.  What- 
ever they  may  be,  I  fervently  beseech  the  Almighty  to  avert  or  mitigate 
the  evils  to  which  they  may  tend.  I  shall  also  carry  with  me  the  hope 
that  my  country  will  never  cease  to  view  them  with  indulgence,  and 
that,  after  forty-five  years  of  my  life  dedicated  to  its  service  with  an 
upright  zeal,  the  faults  of  incompetent  abilities  will  be  consigned  to 
oblivion,  as  myself  must  soon  be  to  the  mansions  of  rest. 

Relying  on  its  kindness  in  this  as  in  other  things,  and  actuated  by  that 
fervent  love  toward  it  which  is  so  natural  to  a  man  who  views  in  it  the 
native  soil  of  himself  and  his  progenitors  for  several  generations,  I 
anticipate  with  pleasing  expectation  that  retreat  in  which  I  promise 
myself  to  realize  without  alloy  the  sweet  enjoyment  of  partaking  in  the 
midst  of  my  fellow-citizens  the  benign  influence  of  good  laws  under  a 
free  government — the  ever- favorite  object  of  my  heart,  and  the  happy 
reward,  as  I  trust,  of  our  mutual  cares,  labors,  and  dangers. 

G9  WASHINGTON. 


John  Adams 

March  4,  1797,  to  March  4,  1801 


M  P— vol.  I— 15  225 


John  Adams 


John  Adams  was  born  on  October  19  (old  style),  1735,  near  Boston, 
Mass. ,  in  the  portion  of  the  town  of  Braintree  which  has  since  been  incor- 
porated as  Quincy.  He  was  fourth  in  descent  from  Henry  Adams,  who 
fled  from  persecution  in  Devonshire,  England,  and  settled  in  Massachu- 
setts about  1630.  Another  of  his  ancestors  was  John  Adams,  a  founder  of 
the  Plymouth  Colony  in  1620.  Entered  Harvard  College  in  1751,  and 
graduated  therefrom  four  years  later.  Studied  the  law  and  taught  school 
at  Worcester;  was  admitted  to  the  bar  of  Suffolk  County  in  1 758.  In  1 768 
removed  to  Boston,  where  he  won  distinction  at  the  bar.  In  1764  mar- 
ried Abigail  Smith,  whose  father  was  Rev.  William  Smith  and  whose 
grandfather  was  Colonel  Quinc3^  In  1770  was  chosen  a  representative 
from  Boston  in  the  legislature  of  Massachusetts.  In  1774  was  a  mem- 
ber of  the  Continental  Congress,  and  in  1776  was  the  adviser  and  great 
supporter  of  the  Declaration  of  Independence.  The  same  year  was  a 
deputy  to  treat  with  Lord  Howe  for  the  pacification  of  the  Colonies.  He 
declined  the  offer  of  chief  justice  of  Massachusetts.  In  December,  1777, 
was  appointed  a  commissioner  to  France,  and  returned  home  in  the  sum- 
mer of  1779.  He  was  then  chosen  a  member  of  the  Massachusetts  con- 
vention for  framing  a  State  constitution.  On  September  29,  1779,  was 
appointed  by  Congress  minister  plenipotentiary  to  negotiate  a  peace  treaty 
with  Great  Britain.  In  1781  was  a  commissioner  to  conclude  treaties 
of  peace  with  European  powers.  In  1783  negotiated  with  others  a  com- 
mercial treaty  with  Great  Britain.  Was  one  of  the  commissioners  to 
sign  the  provisional  treaty  of  peace  with  that  nation  November  30,  1782, 
and  the  definite  treaty  September  3,  1783.  In  1784  remained  in  Hol- 
land, and  in  1785  was  by  Congress  appointed  minister  of  the  United 
States  at  the  Court  of  Great  Britain.  He  returned  to  his  home  in  June, 
1788.  Was  chosen  Vice-President  on  the  ticket  with  Washington,  and 
on  the  assembling  of  the  Senate  took  his  seat  as  President  of  that  body, 
at  New  York  in  April,  1789.  Was  reelected  Vice-President  in  1792. 
On  the  retirement  of  Washington  in  1796  he  was  elected  President,  and 
was  inaugurated  March  4,1797.  He  retired  March  4,  1801,  to  his  home 
at  Quincy,  Mass.  In  18 16  was  chosen  to  head  the  list  of  Presidential 
electors  of  his  party  in  the  State.  Was  a  member  of  the  State  con- 
vention to  revise  the  constitution  of  Massachusetts;  was  unanimously 
elected  president  of  that  convention,  but  declined  it  on  account  of  his 
age.     His  wife  died  in  18 18.     On  July  4,  1826,  he  died,  and  was  buried 

at  Quincy. 

227 


228  Messages  and  Papers  of  the  Presidents 

INAUGURAL  ADDRESS. 

IN  THE  CITY  OF  PHILADELPHIA,  PA. 

When  it  was  first  perceived,  in  early  times,  that  no  middle  course  for 
America  remained  between  unlimited  submission  to  a  foreign  legislature 
and  a  total  independence  of  its  claims,  men  of  reflection  were  less  appre- 
hensive of  danger  from  the  formidable  power  of  fleets  and  armies  they 
must  detennine  to  resist  than  from  those  contests  and  dissensions  which 
would  certainly  arise  concerning  the  forms  of  government  to  be  instituted 
over  the  whole  and  over  the  parts  of  this  extensive  country.  Relying, 
however,  on  the  purity  of  their  intentions,  the  justice  of  their  cause,  and 
the  integrity  and  intelligence  of  the  people,  under  an  overruling  Provi- 
dence which  had  so  signally  protected  this  countr>'  from  the  first,  the 
representatives  of  this  nation,  then  consisting  of  little  more  than  half  its 
present  number,  not  only  broke  to  pieces  the  chains  which  were  forging 
and  the  rod  of  iron  that  was  lifted  up,  but  frankly  cut  asunder  the  ties 
which  had  bound  them,  and  launched  into  an  ocean  of  uncertainty. 

The  zeal  and  ardor  of  the  people  during  the  Revolutionary  war,  sup- 
pljing  the  place  of  government,  commanded  a  degree  of  order  sufficient 
at  least  for  the  temporary  preserv^ation  of  society.  The  Confederation 
which  was  early  felt  to  be  necessary  was  prepared  from  the  models  of  the 
Batavian  and  Helvetic  confederacies,  the  only  examples  which  remain 
with  any  detail  and  precision  in  histor>^,  and  certainly  the  only  ones  which 
the  people  at  large  had  ever  considered.  But  reflecting  on  the  striking 
difference  in  so  many  particulars  between  this  country  and  those  where 
a  courier  may  go  from  the  seat  of  government  to  the  frontier  in  a  single 
day,  it  was  then  certainly  foreseen  by  some  who  assisted  in  Congress  at 
the  formation  of  it  that  it  could  not  be  durable. 

Negligence  of  its  regulations,  inattention  to  its  recommendations,  if 
not  disobedience  to  its  authority,  not  only  in  indi\'iduals  but  in  States, 
soon  appeared  with  their  melancholy  consequences — univer.sal  languor, 
jealousies  and  rivalries  of  States,  decline  of  navigation  and  commerce, 
discouragement  of  necessary  manufactures,  universal  fall  in  the  value  of 
lands  and  their  produce,  contempt  of  public  and  private  faith,  loss  of  con- 
sideration and  credit  with  foreign  nations,  and  at  length  in  discontents, 
animosities,  combinations,  partial  conventions,  and  insurrection,  threat- 
ening some  great  national  calamity. 

In  this  dangerous  crisis  the  people  of  America  were  not  abandoned  by 
their  usual  good  sense,  presence  of  mind,  resolution,  or  integrity.  Meas- 
ures were  pursued  to  concert  a  plan  to  form  a  more  perfect  union,  estab- 
lish justice,  insure  dome.stic  tranquillity,  provide  for  the  common  defen.se, 
promote  the  general  welfare,  and  secure  the  blessings  of  liberty.     The 


John  Adams  229 

public  disquisitions,  discussions,  and  deliberations  issued  in  the  present 
happy  Constitution  of  Government. 

Employed  in  the  service  of  my  country  abroad  during  the  whole  course 
of  these  transactions,  I  first  saw  the  Constitution  of  the  United  States 
in  a  foreign  country.  Irritated  by  no  literary  altercation,  animated  by 
no  public  debate,  heated  by  no  party  animosity,  I  read  it  with  great  sat- 
isfaction, as  the  result  of  good  heads  prompted  by  good  hearts,  as  an 
experiment  better  adapted  to  the  genius,  character,  situation,  and  rela- 
tions of  this  nation  and  country  than  any  which  had  ever  been  proposed 
or  suggested.  In  its  general  principles  and  great  outlines  it  was  con- 
formable to  such  a  system  of  government  as  I  had  ever  most  esteemed, 
and  in  some  States,  my  own  native  State  in  particular,  had  contributed 
to  estabhsh.  Claiming  a  right  of  suffrage,  in  common  with  my  fellow- 
citizens,  in  the  adoption  or  rejection  of  a  constitution  which  was  to  rule 
me  and  my  posterity,  as  well  as  them  and  theirs,  I  did  not  hesitate  to 
express  my  approbation  of  it  on  all  occasions,  in  public  and  in  private. 
It  was  not  then,  nor  has  been  since,  any  objection  to  it  in  my  mind  that 
the  Executive  and  Senate  were  not  more  permanent.  Nor  have  I  ever 
entertained  a  thought  of  promoting  anj^  alteration  in  it  but  such  as  the 
people  themselves,  in  the  course  of  their  experience,  should  see  and  feel 
to  be  necessary  or  expedient,  and  by  their  representatives  in  Congress 
and  the  State  legislatures,  according  to  the  Constitution  itself,  adopt  and 
ordain. 

Returning  to  the  bosom  of  my  country  after  a  painful  separation  from 
it  for  ten  years,  I  had  the  honor  to  be  elected  to  a  station  under  the  new 
order  of  things,  and  I  have  repeatedly  laid  myself  under  the  most  serious 
obligations  to  support  the  Constitution.  The  operation  of  it  has  equaled 
the  most  sanguine  expectations  of  its  friends,  and  from  an  habitual  atten- 
tion to  it,  satisfaction  in  its  administration,  and  delight  in  its  effects  upon 
the  peace,  order,  prosperity,  and  happiness  of  the  nation  I  have  acquired 
an  habitual  attachment  to  it  and  veneration  for  it. 

What  other  form  of  government,  indeed,  can  so  well  deserve  our  esteem 
and  love? 

There  may  be  little  solidity  in  an  ancient  idea  that  congregations  of 
men  into  cities  and  nations  are  the  most  pleasing  objects  in  the  sight  of 
superior  intelligences,  but  this  is  very  certain,  that  to  a  benevolent  human 
mind  there  can  be  no  spectacle  presented  by  2x\y  nation  more  pleasing, 
more  noble,  majestic,  or  august,  than  an  assembly  like  that  which  has  so 
often  been  seen  in  this  and  the  other  Chamber  of  Congress,  of  a  Gov- 
ernment in  which  the  Executive  authority,  as  well  as  that  of  all  the 
branches  of  the  Legislature,  are  exercised  by  citizens  selected  at  regular 
periods  by  their  neighbors  to  make  and  execute  laws  for  the  general  good. 
Can  anything  essential,  anything  more  than  mere  ornament  and  deco- 
ration, be  added  to  this  by  robes  and  diamonds?  Can  authority  be  more 
amiable  and  respectable  when  it  descends  from  accidents  or  institutions 


230  Messages  and  Papers  of  the  Presidents 

established  in  remote  antiquity  than  when  it  springs  fresh  from  the 
hearts  and  judgments  of  an  honest  and  enlightened  people?  For  it  is 
the  people  only  that  are  represented.  It  is  their  power  and  majesty  that 
is  reflected,  and  only  for  their  good,  in  every  legitimate  government, 
under  whatever  form  it  may  appear.  The  existence  of  such  a  govern- 
ment as  ours  for  any  length  of  time  is  a  full  proof  of  a  general  dissemi- 
nation of  knowledge  and  virtue  throughout  the  whole  body  of  the  people. 
And  what  object  or  consideration  more  pleasing  than  this  can  be  pre- 
sented to  the  human  mind?  If  national  pride  is  ever  justifiable  or 
excusable  it  is  when  it  springs,  not  from  power  or  riches,  grandeur  or 
glor>',  but  from  conviction  of  national  innocence,  information,  and  benev- 
olence. 

In  the  midst  of  these  pleasing  ideas  we  should  be  unfaithful  to  ourselves 
if  we  should  ever  lose  sight  of  the  danger  to  our  liberties  if  anything  par- 
tial or  extraneous  should  infect  the  purity  of  our  free,  fair,  virtuous,  and 
independent  elections.  If  an  election  is  to  be  determined  by  a  majority 
of  a  single  \-ote,  and  that  can  be  procured  b}-  a  party  through  artifice  or 
corruption,  the  Government  may  be  the  choice  of  a  party  for  its  own  ends, 
not  of  the  nation  for  the  national  good.  If  that  solitar>'  suffrage  can  be 
obtained  by  foreign  nations  b}'  flattery  or  menaces,  by  fraud  or  violence, 
by  terror,  intrigue,  or  venality,  the  Government  may  not  be  the  choice  of 
the  American  people,  but  of  foreign  nations.  It  may  be  foreign  nations 
who  govern  us,  and  not  we,  the  people,  who  govern  ourselves;  and  can- 
did men  will  acknowledge  that  in  such  cases  choice  would  have  little 
advantage  to  boast  of  over  lot  or  chance. 

Such  is  the  amiable  and  interesting  system  of  government  (and  such 
are  some  of  the  abuses  to  which  it  may  be  exposed)  which  the  people  of 
America  have  exhibited  to  the  admiration  and  anxiety  of  the  wise  and 
virtuous  of  all  nations  for  eight  3'ears  under  the  administration  of  a  citi- 
zen who,  by  a  long  course  of  great  actions,  regulated  by  prudence,  justice, 
temperance,  and  fortitude,  conducting  a  people  inspired  with  the  same 
virtues  and  animated  with  the  same  ardent  patriotism  and  love  of  liberty 
to  independence  and  peace,  to  increasing  wealth  and  unexampled  pros- 
perity, has  merited  the  gratitude  of  his  fellow-citizens,  commanded  the 
highest  praises  of  foreign  nations,  and  secured  immortal  glory  with 
posterity. 

In  that  retirement  which  is  his  voluntary  choice  may  he  long  live  to 
enjoy  the  delicious  recollection  of  his  .services,  the  gratitude  of  mankind, 
the  happy  fruits  of  them  to  himself  and  the  world,  which  are  daily 
increasing,  and  that  splendid  prospect  of  the  future  fortunes  of  this 
country  which  is  opening  from  year  to  year.  His  name  may  be  still  a 
rampart,  and  the  knowledge  that  he  lives  a  bulwark,  against  all  open  or 
secret  enemies  of  his  country's  peace.  This  example  has  been  recom- 
mended to  the  imitation  of  his  successors  by  both  Houses  of  Congress 
and  by  the  voice  of  the  legislatures  and  the  people  throughout  the  nation. 


John  Adams  231 

Oil  this  subject  it  might  become  me  better  to  be  silent  or  to  speak  with 
diffidence;  but  as  something  may  be  expected,  the  occasion,  I  hope,  will 
be  admitted  as  an  apology  if  I  venture  to  say  that  if  a  preference,  upon 
principle,  of  a  free  republican  government,  formed  upon  long  and  serious 
reflection,  after  a  diligent  and  impartial  inquiry  after  truth;  if  an  attach- 
ment to  the  Constitution  of  the  United  States,  and  a  conscientious  deter- 
mination to  support  it  until  it  shall  be  altered  by  the  judgments  and 
wishes  of  the  people,  expressed  in  the  mode  prescribed  in  it;  if  a  respect- 
ful attention  to  the  constitutions  of  the  individual  States  and  a  constant 
caution  and  delicacy  toward  the  State  governments;  if  an  equal  and 
impartial  regard  to  the  rights,  interest,  honor,  and  happiness  of  all  the 
States  in  the  Union,  without  preference  or  regard  to  a  northern  or  south- 
em,  an  eastern  or  western,  position,  their  various  political  opinions  on 
unessential  points  or  their  personal  attachments;  if  a  love  of  virtuous  men 
of  all  parties  and  denominations;  if  a  love  of  science  and  letters  and  a 
wish  to  patronize  every  rational  effort  to  encourage  schools,  colleges, 
universities,  academies,  and  every  institution  for  propagating  knowledge, 
virtue,  and  religion  among  all  classes  of  the  people,  not  only  for  their 
benign  influence  on  the  happiness  of  life  in  all  its  stages  and  classes,  and 
of  society  in  all  its  forms,  but  as  the  only  means  of  preserving  our  Con- 
stitution from  its  natural  enemies,  the  spirit  of  sophistry,  the  spirit  of 
party,  the  spirit  of  intrigue,  the  profligacj^  of  corruption,  and  the  pesti- 
lence of  foreign  influence,  which  is  the  angel  of  destruction  to  elective 
governments;  if  a  love  of  equal  laws,  of  justice,  and  humanity  in  the 
interior  administration;  if  an  inclination  to  improve  agriculture,  com- 
merce, and  manufactures  for  necessity,  convenience,  and  defense;  if  a 
spirit  of  equity  and  humanity  toward  the  aboriginal  nations  of  America, 
and  a  disposition  to  meliorate  their  condition  by  inclihing  them  to  be  more 
friendly  to  us,  and  our  citizens  to  be  more  friendly  to  them;  if  an  inflex- 
ible determination  to  maintain  peace  and  inviolable  faith  with  all  nations, 
and  that  system  of  neutrality  and  impartiality  among  the  belligerent 
powers  of  Europe  which  has  been  adopted  by  this  Government  and  so 
solemnly  sanctioned  by  both  Houses  of  Congress  and  applauded  by  the 
legislatures  of  the  States  and  the  public  opinion,  until  it  shall  be  otherwise 
ordained  by  Congress;  if  a  personal  esteem  for  the  French  nation,  formed 
in  a  residence  of  seven  years  chiefly  among  them,  and  a  sincere  desire  to 
preserve  the  friendship  which  has  been  so  much  for  the  honor  and  interest 
of  both  nations;  if,  while  the  conscious  honor  and  integrity  of  the  people 
of  America  and  the  internal  sentiment  of  their  own  power  and  energies 
must  be  preserved,  an  earnest  endeavor  to  investigate  every  just  cause 
and  remove  every  colorable  pretense  of  complaint;  if  an  intention  to 
pursue  by  amicable  negotiation  a  reparation  for  the  injuries  that  have 
been  committed  on  the  commerce  of  our  fellow-citizens  by  whatever 
nation,  and  if  success  can  not  be  obtained,  to  lay  the  facts  before  the 
Ivegislature,  that  they  may  consider  what  further  measures  the  honor  and 


232  Messages  and  Papers  of  the  Presidents 

interest  of  the  Government  and  its  constituents  demand;  if  a  resolution 
to  do  justice  as  far  as  may  depend  upon  me,  at  all  times  and  to  all  nations, 
and  maintain  peace,  friendship,  and  benevolence  with  all  the  world;  if 
an  unshaken  confidence  in  the  honor,  spirit,  and  resources  of  the  Amer- 
ican people,  on  which  I  have  so  often  hazarded  my  all  and  never  been 
deceived;  if  elevated  ideas  of  the  high  destinies  of  this  country  and  of  my 
own  duties  toward  it,  founded  on  a  knowledge  of  the  moral  principles 
and  intellectual  improvements  of  the  people  deeply  engraven  on  my  mind 
in  early  life,  and  not  obscured  but  exalted  by  experience  and  age;  and, 
with  humble  reverence,  I  feel  it  to  be  my  duty  to  add,  if  a  veneration  for 
the  religion  of  a  people  who  profess  and  call  themselves  Christians,  and 
a  fixed  resolution  to  consider  a  decent  respect  for  Christianity  among  the 
best  recommendations  for  the  public  ser\'ice,  can  enable  me  in  any  degree 
to  comply  with  yotu  wishes,  it  shall  be  my  strenuous  endeavor  that  this 
sagacious  injunction  of  the  two  Houses  shall  not  be  without  effect. 

With  this  great  example  before  me,  with  the  sense  and  spirit,  the  faith 
and  honor,  the  duty  and  interest,  of  the  same  American  people  pledged 
to  support  the  Constitution  of  the  United  States,  I  entertain  no  doubt  of 
its  continuance  in  all  its  energy,  and  my  mind  is  prepared  without  hesi- 
tation to  lay  myself  under  the  most  solemn  obligations  to  support  it  to 
the  utmost  of  my  power. 

And  may  that  Being  who  is  supreme  over  all,  the  Patron  of  Order,  the 
Fountain  of  Justice,  and  the  Protector  in  all  ages  of  the  world  of  virtuous 
liberty,  continue  His  blessing  upon  this  nation  and  its  Government  and 
give  it  all  possible  success  and  duration  consistent  with  the  ends  of  His 
providence. 

March  4,  1797. 


PROCLAMATION. 

[From  Annals  of  Congress,  Fifth  Congress,  Vol.  I,  49.] 

By  the  President  of  the  United  States  of  America. 

A  PROCLAMATION. 

Whereas  the  Con.stitution  of  the  United  States  of  America  provides 
that  the  President  may,  on  extraordinary  occasions,  convene  both  Houses 
of  Congress;  and 

Whereas  an  extraordinary  occasion  exists  for  convening  Congress,  and 
divers  weighty  matters  claim  their  consideration: 

I  have  therefore  thought  it  necessary  to  convene,  and  I  do  by  these 
presents  convene,  the  Congress  of  the  United  States  of  America  at  the 
city  of  Philadelphia,  in  the  Commonwealth  of  Pennsylvania,  on  Monday, 


John  Adams  233 

the  15th  day  of  May  next,  hereby  requiring  the  Senators  and  Represent- 
atives in  the  Congress  of  the  United  States  of  America,  and  every  of  them, 
that,  laying  aside  all  other  matters  and  cares,  they  then  and  there  meet 
and  assemble  in  Congress  in  order  to  consult  and  determine  on  such 
measures  as  in  their  wisdom  shall  be  deemed  meet  for  the  safety  and 
welfare  of  the  said  United  States. 

In  testimony  whereof  I  have  caused  the  seal  of  the  United  States  of 
America  to  be  affixed  to  these  presents,  and  signed  the  same 
with  my  hand. 
[seal.]  Done  at  the  city  of  Philadelphia,  the  25th  day  of  March, 
A.  D.  1797,  and  of  the  Independence  of  the  United  States  of 
America  the  twenty-first. 

JOHN   ADAMS. 
By  the  President: 

Timothy  Pickering, 

Secretary  of  State. 


SPECIAL  SESSION  MESSAGE. 

United  States,  May  16,  1797. 
Gentlemen  of  the  Senate  a?id  Gentlemen  of  the  House  of  Representatives: 

The  personal  inconveniences  to  the  members  of  the  Senate  and  of  the 
House  of  Representatives  in  leaving  their  families  and  private  affairs  at 
this  season  of  the  year  are  so  obvious  that  I  the  more  regret  the  extra- 
ordinary occasion  which  has  rendered  the  convention  of  Congress  indis- 
pensable. 

It  would  have  afforded  me  the  highest  satisfaction  to  have  been  able 
to  congratulate  you  on  a  restoration  of  peace  to  the  nations  of  Europe 
whose  animosities  have  endangered  our  tranquillity;  but  we  have  still 
abundant  cause  of  gratitude  to  the  Supreme  Dispenser  of  National  Bless- 
ings for  general  health  and  promising  seasons,  for  domestic  and  social  hap- 
piness, for  the  rapid  progress  and  ample  acquisitions  of  industry^  through 
extensive  territories,  for  civil,  political,  and  religious  liberty.  While  other 
states  are  desolated  with  foreign  war  or  convulsed  with  intestine  divisions, 
the  United  States  present  the  pleasing  prospect  of  a  nation  governed  by 
mild  and  equal  laws,  generally  satisfied  with  the  possession  of  their  rights, 
neither  envying  the  advantages  nor  fearing  the  power  of  other  nations, 
solicitous  only  for  the  maintenance  of  order  and  justice  and  the  preserv'a- 
tion  of  liberty,  increasing  daily  in  their  attachment  to  a  system  of  gov- 
ernment in  proportion  to  their  experience  of  its  utility,  yielding  a  ready 
and  general  obedience  to  laws  flowing  from  the  reason  and  resting  on  the 
only  solid  foundation — the  affections  of  the  people. 


234  Messages  and  Papers  of  the  Presidents 

It  is  with  extreme  regret  that  I  shall  be  obUged  to  turn  your  thoughts 
to  other  circumstances,  which  admonish  us  that  some  of  these  felicities 
may  not  be  lasting.  But  if  the  tide  of  our  prosperity  is  full  and  a  reflux 
commencing,  a  vigilant  circumspection  becomes  us,  that  we  may  meet  our 
reverses  with  fortitude  and  extricate  ourselves  from  their  consequences 
with  all  the  skill  we  possess  and  all  the  efforts  in  our  power. 

In  giving  to  Congress  information  of  the  state  of  the  Union  and  recom- 
mending to  their  consideration  such  measures  as  appear  to  me  to  be  nec- 
essar>'  or  expedient,  according  to  my  constitutional  duty,  the  causes  and 
the  objects  of  the  present  extraordinary'  session  will  be  explained. 

After  the  President  of  the  United  States  received  information  that  the 
French  Government  had  expressed  serious  discontents  at  some  proceed- 
ings of  the  Government  of  these  States  said  to  affect  the  interests  of 
France,  he  thought  it  expedient  to  send  to  that  country  a  new  minister, 
fully  instructed  to  enter  on  such  amicable  discussions  and  to  give  such 
candid  explanations  as  might  happily  remove  the  discontents  and  suspi- 
cions of  the  French  Government  and  vindicate  the  conduct  of  the  United 
States.  For  this  purpose  he  selected  from  among  his  fellow-citizens  a 
character  whose  integrity,  talents,  experience,  and  services  had  placed 
him  in  the  rank  of  the  most  esteemed  and  respected  in  the  nation.  The 
direct  object  of  his  mission  was  expressed  in  his  letter  of  credence  to  the 
French  Republic,  being  ' '  to  maintain  that  good  understanding  which 
from  the  commencement  of  the  alliance  had  subsisted  between  the  two 
nations,  and  to  efface  unfavorable  impressions,  banish  suspicions,  and 
restore  that  cordiality  which  was  at  once  the  evidence  and  pledge  of  a 
friendly  union."  And  his  instructions  were  to  the  same  effect,  "faith- 
fully to  represent  the  disposition  of  the  Government  and  people  of  the 
United  States  (their  disposition  being  one),  to  remove  jealousies  and  obvi- 
ate complaints  by  shewing  that  they  were  groundless,  to  restore  that 
mutual  confidence  which  had  been  so  unfortunately  and  injuriously 
impaired,  and  to  explain  the  relative  interests  of  both  countries  and  the 
real  sentiments  of  his  own." 

A  minister  thus  specially  commissioned  it  was  expected  would  have 
proved  the  instrument  of  restoring  mutual  confidence  between  the  two 
Republics.  The  first  step  of  the  French  Government  corresponded  with 
that  expectation.  A  few  days  before  his  arrival  at  Paris  the  French 
mini.ster  of  foreign  relations  informed  the  American  minister  then  resident 
at  Paris  of  the  formalities  to  be  observed  by  himself  in  taking  leave,  and 
by  his  successor  preparatory  to  his  reception.  These  fonnalities  they 
observed,  and  on  the  9th  of  December  presented  officially  to  the  minister 
of  foreign  relations,  the  one  a  copy  of  his  letters  of  recall,  the  other  a 
copy  of  his  letters  of  credence. 

These  were  laid  before  the  Executive  Directory.  Two  days  afterwards 
the  minister  of  foreign  relations  informed  the  recalled  American  minister 
that  the  Executive  Directory  had  determined  not  to  receive  another  min- 


John  Adafns  235 

ister  plenipotentiary  from  the  United  States  until  after  the  redress  of 
grievances  demanded  of  the  American  Government,  and  which  the  French 
Republic  had  a  right  to  expect  from  it.  The  American  minister  imme- 
diately endeavored  to  ascertain  whether  by  refusing  to  receive  him  it 
was  intended  that  he  should  retire  from  the  territories  of  the  French 
Republic,  and  verbal  answers  were  given  that  such  was  the  intention  of 
the  Directory.  For  his  own  ju.stification  he  desired  a  written  answer, 
but  obtained  none  until  toward  the  last  of  January,  when,  receiving 
notice  in  writing  to  quit  the  territories  of  the  Republic,  he  proceeded  to 
Amsterdam,  where  he  proposed  to  wait  for  instruction  from  this  Gov- 
ernment. During  his  residence  at  Paris  cards  of  hospitality  were  refused 
him,  and  he  was  threatened  with  being  subjected  to  the  jurisdiction  of 
the  minister  of  police;  but  with  becoming  firmness  he  in.sisted  on  the 
protection  of  the  law  of  nations  due  to  him  as  the  known  mini.ster  of  a 
foreign  power.  You  will  derive  further  information  from  his  dispatches, 
which  will  be  laid  before  you. 

As  it  is  often  necessary  that  nations  should  treat  for  the  mutual  advan- 
tage of  their  affairs,  and  especially  to  accommodate  and  terminate  differ- 
ences, and  as  they  can  treat  only  by  ministers,  the  right  of  embassy  is 
well  known  and  established  by  the  law  and  usage  of  nations.  The  refusal 
on  the  part  of  France  to  receive  our  minister  is,  then,  the  denial  of  a 
right;  but  the  refusal  to  receive  him  until  we  have  acceded  to  their 
demands  without  discussion  and  without  investigation  is  to  treat  us 
neither  as  allies  nor  as  friends,  nor  as  a  sovereign  state. 

With  this  conduct  of  the  French  Government  it  will  be  proper  to  take 
into  view  the  public  audience  given  to  the  late  minister  of  the  United 
States  on  his  taking  leave  of  the  Executive  Directory.  The  speech  of  the 
President  discloses  sentiments  more  alarming  than  the  refusal  of  a  min- 
ister, because  more  dangerous  to  our  independence  and  union,  and  at  the 
same  time  studiously  marked  with  indignities  toward  the  Government  of 
the  United  States.  It  evinces  a  disposition  to  separate  the  people  of  the 
United  States  from  the  Government,  to  persuade  them  that  they  have 
different  affections,  principles,  and  interests  from  those  of  their  fellow- 
citizens  whom  they  themselves  ha\'e  chosen  to  manage  their  common 
concerns,  and  thus  to  produce  divisions  fatal  to  our  peace.  Such 
attempts  ought  to  be  repelled  with  a  decision  which  shall  convince  France 
and  the  world  that  we  are  not  a  degraded  people,  humiliated  under  a 
colonial  spirit  of  fear  and  sense  of  inferiority,  fitted  to  be  the  miserable 
instruments  of  foreign  influence,  and  regardless  of  national  honor,  chi.r- 
acter,  and  interest. 

I  should  have  been  happy  to  have  thrown  a  veil  over  these  transactions 
if  it  had  been  possible  to  conceal  them ;  but  they  have  passed  on  the  great 
theater  of  the  world,  in  the  face  of  all  Europe  and  America,  and  with 
such  circumstances  of  publicity  and  solemnity  that  they  can  not  be  dis- 
guised and  will  not  soon  be  forgotten.     They  have  inflicted  a  wound  in 


236  Messages  and  Papers  of  the  Presidents 

the  American  breast.  It  is  my  sincere  desire,  however,  that  it  may  be 
healed. 

It  is  my  sincere  desire,  and  in  this  I  presume  I  concur  with  you  and 
with  our  constituents,  to  preserve  peace  and  friendship  with  all  nations; 
and  believing  that  neither  the  honor  nor  the  interest  of  the  United  States 
absolutely  forbid  the  repetition  of  advances  for  securing  these  desirable 
objects  with  France,  I  .shall  institute  a  fre.sh  attempt  at  negotiation,  and 
shall  not  fail  to  promote  and  accelerate  an  accommodation  on  terms  com- 
patible with  the  rights,  duties,  interests,  and  honor  of  the  nation.  If  we 
have  committed  errors,  and  these  can  be  demonstrated,  we  shall  be  willing 
to  correct  them;  if  we  have  done  injuries,  we  shall  be  willing  on  conviction 
to  redress  them;  and  equal  measures  of  justice  we  have  a  right  to  expect 
from  France  and  every  other  nation. 

The  diplomatic  intercourse  between  the  United  States  and  France  being 
at  present  suspended,  the  Government  has  no  means  of  obtaining  official 
information  from  that  country'.  Nevertheless,  there  is  reason  to  believe 
that  the  Executive  Directory  passed  a  decree  on  the  2d  of  March  last  con- 
travening in  part  the  treaty  of  amity  and  commerce  of  1778,  injurious  to 
our  lawful  commerce  and  endangering  the  lives  of  our  citizens.  A  copy 
of  this  decree  will  be  laid  before  you. 

While  we  are  endeavoring  to  adjust  all  our  differences  with  France  by 
amicable  negotiation,  the  progress  of  the  war  in  Europe,  the  depredations 
on  our  commerce,  the  personal  injuries  to  our  citizens,  and  the  general 
complexion  of  affairs  render  it  my  indispensable  duty  to  recommend  to 
your  consideration  effectual  measures  of  defense. 

The  commerce  of  the  United  States  has  become  an  interesting  object  of 
attention,  whether  we  consider  it  in  relation  to  the  wealth  and  finances 
or  the  strength  and  resources  of  the  nation.  With  a  seacoast  of  near 
2,000  miles  in  extent,  opening  a  wide  field  for  fisheries,  navigation,  and 
commerce,  a  great  portion  of  our  citizens  naturally  apply  their  industry 
and  enterprise  to  these  objects.  Any  serious  and  permanent  injury  to 
commerce  would  not  fail  to  produce  the  most  embarrassing  disorders. 
To  prevent  it  from  being  undermined  and  destroyed  it  is  essential  that 
it  receive  an  adequate  protection. 

The  naval  establishment  must  occur  to  every  man  who  considers  the 
injuries  committed  on  our  commerce,  the  insults  offered  to  our  citizens, 
and  the  description  of  vessels  by  which  these  abuses  have  been  practiced. 
As  the  sufferings  of  our  mercantile  and  seafaring  citizens  can  not  be 
ascribed  to  the  omis.sion  of  duties  demandable,  considering  the  neutral 
situation  of  our  countr\-,  they  are  to  be  attributed  to  the  hope  of  impu- 
nity arising  from  a  supposed  inability  on  our  part  to  afford  protection. 
To  resist  the  consequences  of  such  impressions  on  the  minds  of  foreign 
nations  and  to  guard  against  the  degradation  and  servility  which  they 
must  finally  stamp  on  the  American  character  is  an  important  duty  of 
Government. 


John  Adams  237 

'  A  naval  power,  next  to  the  militia,  is  the  natural  defense  of  the  United 
States.  The  experience  of  the  last  war  would  be  sufficient  to  shew  that 
a  moderate  naval  force,  such  as  would  be  easily  within  the  present  abili- 
ties of  the  Union,  would  have  been  sufficient  to  have  baffled  many  for- 
midable transportations  of  troops  from  one  State  to  another,  which  were 
then  practiced.  Our  seacoasts,  from  their  great  extent,  are  more  easily 
anhoyed  and  more  easily  defended  by  a  naval  force  than  any  other. 
With  all  the  materials  our  country'  abounds;  in  skill  our  naval  architects 
and  navigators  are  equal  to  any,  and  commanders  and  seamen  will  not  be 
wanting. 

But  although  the  establishment  of  a  permanent  system  of  naval 
defense  appears  to  be  requisite,  I  am  sensible  it  can  not  be  formed  so 
speedily  and  extensively  as  the  present  crisis  demands.  Hitherto  I  have 
thought  proper  to  prevent  the  sailing  of  armed  vessels  except  on  voy- 
ages to  the  East  Indies,  where  general  usage  and  the  danger  from  pirates 
appeared  to  render  the  permission  proper.  Yet  the  restriction  has  origi- 
nated solely  from  a  wish  to  prevent  collisions  with  the  powers  at  war, 
contravening  the  act  of  Congress  of  June,  1794,  and  not  from  any  doubt 
entertained  by  me  of  the  policy  and  propriety  of  permitting  our  vessels 
to  employ  means  of  defense  while  engaged  in  a  lawful  foreign  commerce. 
It  remains  for  Congress  to  prescribe  such  regulations  as  will  enable  our 
seafaring  citizens  to  defend  themselves  against  violations  of  the  law  of 
nations,  and  at  the  same  time  restrain  them  from  committing  acts  of 
hostility  against  the  powers  at  war.  In  addition  to  this  voluntary  pro- 
vision for  defense  by  individual  citizens,  it  appears  to  me  necessary  to 
equip  the  frigates,  and  provide  other  vessels  of  inferior  force,  to  take 
under  convoy  such  merchant  vessels  as  shall  remain  unarmed. 

The  greater  part  of  the  cruisers  whose  depredations  have  been  most 
injurious  have  been  built  and  some  of  them  partially  equipped  in  the 
United  States.  Although  an  effectual  remedy  may  be  attended  with 
difficulty,  yet  I  have  thought  it  my  duty  to  present  the  subject  gener- 
ally to  your  consideration.  If  a  mode  can  be  devised  by  the  wisdom  of 
Congress  to  prevent  the  resources  of  the  United  States  from  being  con- 
verted into  the  means  of  annoying  our  trade,  a  great  evil  will  be  prevented. 
With  the  same  view,  I  think  it  proper  to  mention  that  some  of  our  citi- 
zens resident  abroad  have  fitted  out  privateers,  and  others  have  volun- 
tarily taken  the  command,  or  entered  on  board  of  them,  and  committed 
spoliations  on  the  commerce  of  the  United  States.  Such  unnatural  and 
iniquitous  practices  can  be  restrained  only  by  severe  punishments. 

But  besides  a  protection  of  our  commerce  on  the  seas,  I  think  it  highly 
necessary  to  protect  it  at  home,  where  it  is  collected  in  our  most  impor- 
tant ports.  The  distance  of  the  United  States  from  Europe  and  the 
well-known  promptitude,  ardor,  and  courage  of  the  people  in  defense  of 
their  country  happily  diminish  the  probability  of  invasion.  Neverthe- 
less, to  guard  against  sudden  and  predatory  incursions  the  situation  of 


238  Messages  and  Papers  of  the  Presidents 

some  of  our  principal  seaports  demands  your  consideration.  And  as  our 
country  is  vulnerable  in  other  interests  besides  those  of  its  commerce,  you 
will  seriously  deliberate  whether  the  means  of  general  defense  ought  not 
to  be  increased  by  an  addition  to  the  regular  artillery  and  cavalr>',  and 
by  arrangements  for  forming  a  provisional  army. 

With  the  same  \iew,  and  as  a  measure  which,  even  in  a  time  of  univer- 
.sal  peace,  ought  not  to  be  neglected,  I  recommend  to  your  consideration 
a  revision  of  the  laws  for  organizing,  arming,  and  disciplining  the  mihtia, 
to  render  that  natural  and  safe  defense  of  the  country  efficacious. 

Although  it  is  very  true  that  we  ought  not  to  involve  ourselves  in  the 
political  system  of  Europe,  but  to  keep  ourselves  always  distinct  and 
separate  from  it  if  we  can,  yet  to  effect  this  separation,  early,  punctual, 
and  continual  information  of  the  current  chain  of  events  and  of  the 
political  projects  in  contemplation  is  no  less  necessary  than  if  we  were 
directly  concerned  in  them.  It  is  necessary,  in  order  to  the  discover>^  of 
the  efforts  made  to  draw  us  into  the  vortex,  in  season  to  make  preparations 
against  them.  However  we  may  consider  ourselves,  the  maritime  and 
commercial  powers  of  the  world  will  consider  the  United  States  of 
America  as  forming  a  weight  in  that  balance  of  power  in  Europe  which 
never  can  be  forgotten  or  neglected.  It  would  not  only  be  against  our 
interest,  but  it  would  be  doing  wrong  to  one-half  of  Europe,  at  least,  if  we 
should  voluntarily  throw  ourselves  into  either  scale.  It  is  a  natural 
policy  for  a  nation  that  studies  to  be  neutral  to  consult  with  other  nations 
engaged  in  the  same  studies  and  pursuits.  At  the  same  time  that  measures 
might  be  pursued  with  this  view,  our  treaties  with  Prussia  and  Sweden, 
one  of  which  is  expired  and  the  other  near  expiring,  might  be  renewed. 

Gentlemen  of  the  House  of  Representatives: 

It  is  particularly  your  province  to  consider  the  state  of  the  public 
finances,  and  to  adopt  such  measures  respecting  them  as  exigencies  shall 
be  found  to  require.  The  preservation  of  public  credit,  the  regular  extin- 
guishment of  the  public  debt,  and  a  provision  of  funds  to  defray  any 
extraordinary  expenses  will  of  course  call  for  your  serious  attention. 
Although  the  imposition  of  new  burthens  can  not  be  in  itself  agreeable, 
yet  there  is  no  ground  to  doubt  that  the  American  people  will  expect 
from  you  such  mea.sures  as  their  actual  engagements,  their  present  secu- 
rity, and  future  interests  demand. 

Gentlemen  of  the  Senate  and  Gentlemen  of  the  House  of  Representatives: 

The  present  situation  of  our  countrj'  imposes  an  obligation  on  all  the 
departments  of  Goverament  to  adopt  an  explicit  and  decided  conduct. 
In  my  .situation  an  exposition  of  the  principles  by  which  my  Administra- 
tion will  be  governed  ought  not  to  be  omitted. 

It  is  impossible  to  conceal  from  our.selves  or  the  world  what  has  been 
Ijefore  observed ,  that  endeavors  have  been  employed  to  foster  and  estab- 


John  Adams  239 

lish  a  division  between  the  Government  and  people  of  the  United  States. 
To  investigate  the  causes  which  have  encouraged  this  attempt  is  not  neces- 
sary; but  to  repel,  by  decided  and  united  councils,  insinuations  so  derog- 
atory to  the  honor  and  aggressions  so  dangerous  to  the  Constitution, 
union,  and  even  independence  of  the  nation  is  an  indispensable  duty. 

It  must  not  be  permitted  to  be  doubted  whether  the  people  of  the 
United  States  will  support  the  Government  established  by  their  volun- 
tary consent  and  appointed  by  their  free  choice,  or  whether,  by  surren- 
dering themselves  to  the  direction  of  foreign  and  domestic  factions,  in 
opposition  to  their  own  Government,  they  will  forfeit  the  honorable  sta- 
tion they  have  hitherto  maintained. 

For  myself,  having  never  been  indifferent  to  what  concerned  the  inter- 
ests of  my  country,  devoted  the  best  part  of  my  life  to  obtain  and  support 
its  independence,  and  constantly  witnessed  the  patriotism,  fidelity,  and 
perseverance  of  my  fellow-citizens  on  the  most  trying  occasions,  it  is  not 
for  me  to  hesitate  or  abandon  a  cause  in  which  my  heart  has  been  so 
long  engaged. 

Convinced  that  the  conduct  of  the  Government  has  been  just  and 
impartial  to  foreign  nations,  that  those  internal  regulations  which  have 
been  established  by  law  for  the  preservation  of  peace  are  in  their  nature 
proper,  and  that  they  have  been  fairly  executed,  nothing  will  ever  be 
done  by  me  to  impair  the  national  engagements,  to  innovate  upon  prin- 
ciples which  have  been  so  deliberately  and  uprightly  established,  or  to 
surrender  in  any  manner  the  rights  of  the  Government.  To  enable  me 
to  maintain  this  declaration  I  rely,  under  God,  with  entire  confidence 
on  the  firm  and  enlightened  support  of  the  National  lyCgislature  and 
upon  the  virtue  and  patriotism  of  my  fellow-citizens. 

JOHN  ADAMS. 

ADDRESS  OF  THE  SENATE  TO  JOHN  ADAMS,  PRESIDENT  OF  THE 

UNITED  STATES. 

Sir:  The  Senate  of  the  United  States  request  you  to  accept  their 
acknowledgments  for  the  comprehensive  and  interesting  detail  you  have 
given  in  your  speech  to  both  Houses  of  Congress  on  the  existing  state 
of  the  Union. 

While  we  regret  the  necessity  of  the  present  meeting  of  the  Legisla- 
ture, we  wish  to  express  our  entire  approbation  of  your  conduct  in  con- 
vening it  on  this  momentous  occasion. 

The  superintendence  of  our  national  faith,  honor,  and  dignity  being 
in  a  great  measure  constitutionally  deposited  with  the  Executive,  we 
observe  with  singular  satisfaction  the  vigilance,  firmness,  and  prompti- 
tude exhibited  by  you  in  this  critical  state  of  our  public  affairs,  and  from 
thence  derive  an  evidence  and  pledge  of  the  rectitude  and  integrity  of 
your  Administration.     And  we  are  sensible  it  is  an  object  of  primary 


240  Messages  and  Papers  of  the  Presidents 

importance  that  each  branch  of  the  Government  should  adopt  a  language 
and  system  of  conduct  which  shall  be  cool,  just,  and  dispassionate,  but 
firm,  explicit,  and  decided. 

We  are  equally  desirous  with  you  to  preserve  peace  and  friendship 
with  all  nations,  and  are  happ}'  to  be  informed  that  neither  the  honor 
nor  interests  of  the  United  States  forbid  advances  for  securing  those 
desirable  objects  by  amicable  negotiation  with  the  French  Republic. 
This  method  of  adjusting  national  diiferences  is  not  only  the  most  mild, 
but  the  most  rational  and  humane,  and  with  governments  disposed  to  be 
just  can  seldom  fail  of  success  when  fairly,  candidly,  and  sincerely  used. 
If  we  have  committed  errors  and  can  be  made  sensible  of  them,  we  agree 
with  3^ou  in  opinion  that  w^e  ought  to  correct  them,  and  compensate  the 
injuries  which  may  have  been  consequent  thereon;  and  we  trust  the 
French  Republic  will  be  actuated  by  the  same  just  and  benevolent  prin- 
ciples of  national  polic3\ 

We  do  therefore  most  sincerely  approve  of  5'our  determination  to  pro- 
mote and  accelerate  an  accommodation  of  our  existing  differences  with 
that  Republic  by  negotiation,  on  terms  compatible  with  the  rights,  duties, 
interests,  and  honor  of  our  nation.  And  you  may  rest  assured  of  our 
most  cordial  cooperation  so  far  as  it  may  become  necessar}-  in  this  pursuit. 

Peace  and  harmony  with  all  nations  is  our  sincere  wish;  but  such  being 
the  lot  of  humanity  that  nations  will  not  always  reciprocate  peaceable 
dispositions,  it  is  our  firm  belief  that  effectual  measures  of  defense  will 
tend  to  inspire  that  national  self-respect  and  confidence  at  home  which 
is  the  unfailing  source  of  respectability  abroad,  to  check  aggression  and 
prevent  war. 

While  we  are  endeavoring  to  adjust  our  diiferences  with  the  French 
Republic  by  amicable  negotiation,  the  progress  of  the  war  in  Europe, 
the  depredations  on  our  commerce,  the  personal  injuries  to  our  citizens, 
and  the  general  complexion  of  affairs  prove  to  us  your  vigilant  care  in 
recommending  to  our  attention  effectual  measvu^es  of  defense. 

Those  which  you  recommend,  whether  they,  relate  to  external  defense 
by  permitting  our  citizens  to  arm  for  the  purpose  of  repelling  aggressions 
on  their  commercial  rights,  and  by  providing  sea  convoys,  or  to  inter- 
nal defense  by  increasing  the  establishments  of  artillery  and  cavalry,  by 
forming  a  provisional  army,  by  revising  the  militia  laws,  and  fortifying 
more  completely  our  ports  and  harbors,  will  meet  our  consideration  under 
the  influence  of  the  same  just  regard  for  the  security,  interest,  and  honor 
of  our  country  which  dictated  your  recommendation. 

Practices  so  unnatural  and  iniquitous  as  those  you  state,  of  our  owm 
citizens  converting  their  property  and  personal  exertions  into  the  means 
of  annoying  our  trade  and  injuring  their  fellow-citizens,  deserve  legal 
severity  commensurate  with  their  turpitude. 

Although  the  Senate  believe  that  the  prosperity  and  happiness  of  our 
country  does  not  depend  on  general  and  extensive  political  connections 


John  Adams  241 

with  European  nations,  yet  we  can  never  lose  sight  of  the  propriety  as 
well  as  necessity  of  enabling  the  Executive,  by  sufficient  and  liberal  sup- 
plies, to  maintain  and  even  extend  our  foreign  intercourse  as  exigencies 
may  require,  reposing  full  confidence  in  the  Executive,  in  whom  the 
Constitution  has  placed  the  powers  of  negotiation. 

We  learn  with  sincere  concern  that  attempts  are  in  operation  to  alienate 
the  affections  of  our  fellow-citizens  from  their  Government.  Attempts 
so  wicked,  wherever  they  exist,  can  not  fail  to  excite  our  utmost  abhor- 
rence. A  government  chosen  by  the  people  for  their  own  safety  and 
happiness,  and  calculated  to  secure  both,  can  not  lose  their  affections  so 
long  as  its  administration  pursues  the  principles  upon  which  it  was 
erected;  and  your  resolution  to  observe  a  conduct  just  and  impartial  to 
all  nations,  a  sacred  regard  to  our  national  engagements,  and  not  to  impair 
the  rights  of  our  Government,  contains  principles  which  can  not  fail  to 
secure  to  your  Administration  the  support  of  the  National  Legislature 
to  render  abortive  ever>'^  attempt  to  excite  dangerous  jealousies  among 
us,  and  to  convince  the  world  that  our  Government  and  your  adminis- 
tration of  it  can  not  be  separated  from  the  affectionate  support  of  every 
good  citizen.  And  the  Senate  can  not  suffer  the  present  occasion  to  pass 
without  thus  publicly  and  solemnly  expressing  their  attachment  to  the 
Constitution  and  Government  of  their  countr>^;  and  as  they  hold  them- 
selves responsible  to  their  constituents,  their  consciences,  and  their  God, 
it  is  their  determination  by  all  their  exertions  to  repel  every  attempt  to 
alienate  the  affections  of  the  people  from  the  Government,  so  highly  inju- 
rious to  the  honor,  safety,  and  independence  of  the  United  States. 

We  are  happy,  since  our  sentiments  on  the  subject  are  in  perfect  unison 
with  yours,  in  this  public  manner  to  declare  that  we  believe  the  conduct 
of  the  Government  has  been  just  and  impartial  to  foreign  nations,  and 
that  those  internal  regulations  which  have  been  established  for  the  preser- 
vation of  peace  are  in  their  nature  proper  and  have  been  fairly  executed. 

And  we  are  equally  happy  in  possessing  an  entire  confidence  in  your 
abilities  and  exertions  in  your  station  to  maintain  untarnished  the  honor, 
preserve  the  peace,  and  support  the  independence  of  our  country,  to 
acquire  and  establish  which,  in  connection  with  }'our  fellow-citizens,  has 
been  the  virtuous  effort  of  a  principal  part  of  your  life. 

To  aid  you  in  these  arduous  and  honorable  exertions,  as  it  is  our  duty 
so  it  shall  be  our  faithful  endeavor ;  and  we  flatter  ourselves,  sir,  that 
the  proceedings  of  the  present  session  of  Congress  will  manifest  to  the 
world  that  although  the  United  States  love  peace,  they  will  be  independ- 
ent; that  they  are  sincere  in  their  declarations  to  be  just  to  the  French 
and  all  other  nations,  and  expect  the  same  in  return. 

If  a  sense  of  justice,  a  love  of  moderation  and  peace,  shall  influence 
their  councils,  which  we  sincerely  hope  we  shall  have  just  grounds  to 
expect,  peace  and  amity  between  the  United  States  and  all  nations  will 
be  preser\^ed. 

M  P — vol,  I — 16 


242  Messages  and  Papers  of  the  Presidents 

But  if  we  are  so  unfortunate  as  to  experience  injuries  from  any  for- 
eign power,  and  the  ordinary  methods  by  which  differences  are  amica- 
bly adjusted  between  nations  shall  be  rejected,  the  determination  "not 
to  surrender  in  any  manner  the  rights  of  the  Government,"  being  so 
inseparably  connected  with  the  dignity,  interest,  and  independence  of 
our  countn.',  shall  by  us  be  steadily  and  inviolably  supported. 

TH:  JEFFERSON, 
Vice-President  of  the  United  States  and  President  of  the  Se?iate. 
May  23,  1797. 

REPLY  OF  THE  PRESIDENT. 

Mr.  Vice-President  and  Gentlemen  of  the  Senate: 

It  would  be  an  affectation  in  me  to  dissemble  the  pleasure  I  feel  on 
receiving  this  kind  address. 

My  long  experience  of  the  wisdom,  fortitude,  and  patriotism  of  the  Sen- 
ate of  the  United  States  enhances  in  my  estimation  the  value  of  those 
obliging  expressions  of  your  approbation  of  my  conduct,  which  are  a 
generous  reward  for  the  past  and  an  affecting  encouragement  to  constancy 
and  perseverance  in  future. 

Our  sentiments  appear  to  be  so  entirely  in  unison  that  I  can  not  but 
believe  them  to  be  the  rational  result  of  the  understandings  and  the  nat- 
ural feelings  of  the  hearts  of  Americans  in  general  on  contemplating  the 
present  state  of  the  nation. 

While  such  principles  and  affections  prevail  they  will  form  an  indis- 
soluble bond  of  union  and  a  sure  pledge  that  our  country  has  no  essen- 
tial injury  to  apprehend  from  any  portentous  appearances  abroad.  In  a 
humble  reliance  on  Divine  Providence  we  may  rest  assured  that  while 
we  reiterate  with  sincerity  our  endeavors  to  accommodate  all  our  differ- 
ences with  France,  the  independence  of  our  country  can  not  be  diminished, 
its  dignity  degraded,  or  its  glory  tarnished  by  any  nation  or  combination 
of  nations,  whether  friends  or  enemies. 

JOHN  ADAMS. 

May  24,  1797. 

ADDRESS  OF  THE  HOUSE  OF   REPRESENTATIVES   TO  JOHN  ADAMS, 
PRESIDENT  OF  THE  UNITED  STATES. 

Sir  :  The  interesting  details  of  those  events  which  have  rendered  the 
convention  of  Congress  at  this  time  indispensable  (communicated  in  your 
speech  to  lx)th  Houses)  has  excited  in  us  the  strongest  emotions.  Whilst 
we  regret  the  occasion,  we  can  not  omit  to  testify  our  approbation  of  the 
measure,  and  pledge  ourselves  that  no  considerations  of  private  inconven- 
ience shall  prevent  on  our  part  a  faithful  discharge  of  the  duties  to  which 
we  are  called. 


John  Adams  243 

We  have  constantly  hoped  that  the  nations  of  Europe,  whilst  desolated 
by  foreign  wars  or  convulsed  by  intestine  divisions,  would  have  left  the 
United  States  to  enjoy  that  peace  and  tranquillity  to  which  the  impartial 
conduct  of  our  Government  has  entitled  us,  and  it  is  now  with  extreme 
regret  we  find  the  measures  of  the  French  Republic  tending  to  endanger 
a  situation  so  desirable  and  interesting  to  our  country. 

Upon  this  occasion  we  feel  it  our  duty  to  express  in  the  most  explicit 
manner  the  sensations  which  the  present  crisis  has  excited,  and  to  assure 
you  of  our  zealous  cooperation  in  those  measures  which  may  appear  nec- 
essary for  our  security  or  peace. 

Although  it  is  the  earnest  wish  of  our  hearts  that  peace  may  be  main- 
tained with  the  French  Republic  and  with  all  the  world,  yet  we  never 
will  surrender  those  rights  which  belong  to  us  as  a  nation;  and  whilst 
we  view  with  satisfaction  the  wisdom,  dignity,  and  moderation  which  have 
marked  the  measures  of  the  Supreme  Executive  of  our  country  in  his 
attempt  to  remove  by  candid  explanations  the  complaints  and  jealousies 
of  France,  we  feel  the  full  force  of  that  indignity  which  has  been  offered 
our  country  in  the  rejection  of  its  minister.  No  attempts  to  wound  our 
rights  as  a  sovereign  State  will  escape  the  notice  of  our  constituents. 
They  will  be  felt  with  indignation  and  repelled  with  that  decision  which 
shall  convince  the  world  that  we  are  not  a  degraded  people;  that  we  can 
never  submit  to  the  demands  of  a  foreign  power  without  examination 
and  without  discussion. 

Knowing  as  we  do  the  confidence  reposed  by  the  people  of  the  United 
States  in  their  Government,  we  cannot  hesitate  in  expressing  our  indig- 
nation at  any  sentiments  tending  to  derogate  from  that  confidence.  Such 
sentiments,  wherever  entertained,  serve  to  evince  an  imperfect  knowl- 
edge of  the  opinions  of  our  constituents.  An  attempt  to  separate  the 
people  of  the  United  States  from  their  Government  is  an  attempt  to  sep- 
arate them  from  themselves;  and  although  foreigners  who  know  not 
the  genius  of  our  country  may  have  conceived  the  project,  and  foreign 
emissaries  may  attempt  the  execution,  yet  the  united  efforts  of  our  fellow- 
citizens  will  convince  the  world  of  its  impracticability. 

Sensibly  as  we  feel  the  wound  which  has  been  inflicted  by  the  trans- 
actions disclosed  in  your  communications,  yet  we  think  with  you  that 
neither  the  honor  nor  the  interest  of  the  United  States  forbid  t^ie  repeti- 
tion of  advances  for  preserving  peace;  we  therefore  receive  with  the 
utmost  satisfaction  your  information  that  a  fresh  attempt  at  negotiation 
will  be  instituted,  and  we  cherish  the  hope  that  a  mutual  spirit  of  con- 
ciliation, and  a  disposition  on  the  part  of  France  to  compensate  for  any 
injuries  which  may  have  been  committed  upon  our  neutral  rights,  and  on 
the  part  of  the  United  States  to  place  France  on  grounds  similar  to  those 
of  other  countries  in  their  relation  and  connection  with  us  (if  any  inequali- 
ties shall  l^e  found  to  exist),  will  produce  an  accommodation  compatible 
with  the  engagements,  rights,  duties,  and  honor  of  the  United  States. 


244  Messages  and  Papers  of  the  Presidents 

Fully,  however,  impressed  with  the  uncertainty  of  the  result,  we  shall 
prepare  to  meet  with  fortitude  any  unfavorable  events  which  may  occtu*, 
and  to  extricate  ourselves  from  their  consequences  with  all  the  skill  we 
possess  and  all  the  efforts  in  our  power.  Believing  with  you  that  the 
conduct  of  the  Government  has  been  just  and  impartial  to  foreign  nations, 
that  the  laws  for  the  preservation  of  peace  have  been  proper,  and  that 
they  have  been  fairly  executed,  the  Representatives  of  the  people  do  not 
hesitate  to  declare  that  they  will  give  their  most  cordial  support  to  the 
execution  of  principles  so  deliberately  and  uprightly  estabhshed. 

The  many  interesting  subjects  which  you  have  recommended  to  our 
consideration,  and  which  are  so  strongly  enforced  by  this  momentous 
occasion,  will  receive  every  attention  which  their  importance  demands, 
and  we  trust  that,  by  the  decided  and  explicit  conduct  which  will  govern 
our  deliberations,  every  insinuation  will  be  repelled  which  is  derogatory 
to  the  honor  and  independence  of  our  country. 

Pennit  us  in  offering  this  address  to  express  our  satisfaction  at  your 
promotion  to  the  first  office  in  the  Government  and  our  entire  confidence 
that  the  preeminent  talents  and  patriotism  which  have  placed  you  in 
this  distinguished  situation  will  enable  you  to  discharge  its  various  duties 
with  satisfaction  to  yourself  and  advantage  to  our  common  country. 

June  2,  1797. 


REPLY  OF  THE  PRESIDENT. 

Mr.  Speaker  and  Gentlemeji  of  the  House  of  Representatives: 

I  receive  with  great  satisfaction  your  candid  approbation  of  the  con- 
vention of  Congress,  and  thank  you  for  your  assurances  that  the  inter- 
esting subjects  recommended  to  your  consideration  shall  receive  the 
attention  which  their  importance  demands,  and  that  5'our  cooperation 
may  be  expected  in  those  measures  which  may  appear  necessary  for  oiu: 
security  or  peace. 

The  declarations  of  the  Representatives  of  this  nation  of  their  satisfac- 
tion at  my  promotion  to  the  first  office  in  this  Government  and  of  their 
confidence  in  my  sincere  endeavors  to  discharge  the  various  duties  of  it 
with  advantage  to  our  common  country  have  excited  my  most  grateful 
sensibility. 

I  pray  you,  gentlemen,  to  believe  and  to  communicate  such  assurance 
to  our  constituents  that  no  event  which  I  can  foresee  to  be  attainable  by 
any  exertions  in  the  discharge  of  my  duties  can  afford  me  so  much  cor- 
dial satisfaction  as  to  conduct  a  negotiation  with  the  French  Republic  to 
a  removal  of  prejudices,  a  correction  of  errors,  a  dissipation  of  umbrages, 
an  accommodation  of  all  differences,  and  a  restoration  of  harmony  and 
affection  to  the  mutual  satisfaction  of  both  nations.     And  whenever  the 


John  Adams  245 

legitimate  organs  of  intercourse  shall  be  restored  and  the  real  sentiments 
of  the  two  Governments  can  be  candidly  communicated  to  each  other, 
although  strongly  impressed  with  the  necessity  of  collecting  ourselves 
into  a  manly  posture  of  defense,  I  nevertheless  entertain  an  encouraging 
confidence  that  a  mutual  spirit  of  conciliation,  a  disposition  to  compensate 
injuries  and  accommodate  each  other  in  all  our  relations  and  connections, 
will  produce  an  agreement  to  a  treaty  consistent  with  the  engagements, 
rights,  duties,  and  honor  of  both  nations. 

JOHN  ADAMS. 
June  3,  i797- 


SPECIAL  MESSAGES. 

United  States,  May  26,  1797. 
Gentlemen  of  the  Senate: 

I  lay  before  you,  for  your  consideration  and  advice,  a  treaty  of  perpetual 
peace  and  friendship  between  the  United  States  of  America  and  the  Bey 
and  subjects  of  Tripoli,  of  Barbar>',  concluded  at  Tripoli  on  the  4th  day 
of  November,  1796. 

JOHN  ADAMS. 


United  States,  May  31,  1797. 
Gentlemen  of  the  Senate: 

I  nominate  General  Charles  Cotesworth  Pinckney,  of  South  Carolina, 
Francis  Dana,  chief  justice  of  the  State  of  Massachusetts,  and  General 
John  Marshall,  of  Virginia,  to  be  jointly  and  severally  envoys  extraordi- 
nary and  ministers  plenipotentiary  to  the  French  Republic. 

After  mature  deliberation  on  the  critical  situation  of  our  relations  with 
France,  which  have  long  engaged  my  most  serious  attention,  I  have 
determined  on  these  nominations  of  persons  to  negotiate  with  the  French 
Republic  to  dissipate  umbrages,  to  remove  prejudices,  to  rectify  errors, 
and  adjust  all  differences  by  a  treaty  l^etween  the  two  powers. 

It  is  in  the  present  critical  and  singular  circumstances  of  great  impor- 
tance to  engage  the  confidence  of  the  great  portions  of  the  Union  in  the 
characters  employed  and  the  measures  which  may  be  adopted.  I  have 
therefore  thought  it  expedient  to  nominate  persons  of  talents  and  integ- 
rity, long  known  and  intrusted  in  the  three  great  divisions  of  the  Union, 
and  at  the  same  time,  to  provide  against  the  ca.sesof  death,  absence,  indis- 
position, or  other  impediment,  to  invest  any  one  or  more  of  them  with 
full  powers. 

JOHN  ADAMS. 


246  Messages  and  Papers  of  the  Presidents 

United  States, /««^  12,  1797. 
Gentlemen  of  the  Senate  and  Gentlemen  of  the  House  of  Representatives: 

I  have  received  information  from  the  commissioner  appointed  on  the 
part  of  the  Ignited  States,  pursuant  to  the  third  article  of  our  treat)'  with 
Spain,  that  the  running  and  marking  of  the  boundary  hue  between  the 
colonies  of  East  and  West  Florida  and  the  territory  of  the  United  States 
have  been  delayed  by  the  officers  of  His  Catholic  Majesty,  and  that  they 
have  declared  their  intention  to  maintain  his  jurisdiction,  and  to  suspend 
the  withdrawing  his  troops  from  the  military  posts  the}'  occupy  within 
the  territory  of  the  United  States  until  the  two  Governments  shall,  by 
negotiation,  have  settled  the  meaning  of  the  second  article  respecting 
the  withdrawing  of  the  troops,  garrisons,  or  settlements  of  either  party 
in  the  territory  of  the  other — that  is,  whether,  when  the  Spanish  garri- 
sons withdraw,  they  are  to  leave  the  works  standing  or  to  demolish 
them — and  until,  by  an  additional  article  to  the  treaty,  the  real  property 
of  the  inhabitants  shall  be  secured,  and,  likewise,  until  the  Spanish 
officers  are  sure  the  Indians  will  be  pacific.  The  two  first  questions,  if 
to  be  determined  by  negotiation,  might  be  made  subjects  of  discussion 
for  years,  and  as  no  limitation  of  time  can  be  prescribed  to  the  other, 
a  certainty  in  the  opinion  of  the  Spanish  officers  that  the  Indians  will 
be  pacific,  it  will  be  impossible  to  suffer  it  to  remain  an  obstacle  to  the 
fulfillment  of  the  treaty  on  the  part  of  Spain. 

To  remove  the  first  difficulty,  I  have  determined  to  leave  it  to  the 
discretion  of  the  officers  of  His  Catholic  Majesty  when  the)'  withdraw 
his  troops  from  the  forts  within  the  territory  of  the  United  States,  either 
to  leave  the  works  standing  or  to  demolish  them  ;  and  to  remove  the 
second  I  shall  cause  an  assurance  to  be  published  and  to  be  particularlj' 
communicated  to  the  minister  of  His  Catholic  Majesty  and  to  the  gov- 
ernor of  Louisiana  that  the  settlers  or  occupants  of  the  lands  in  question 
shall  not  be  disturbed  in  their  possessions  by  the  troops  of  the  United 
States,  but,  on  the  contrary,  that  they  shall  be  protected  in  all  their  lawful 
claims;  and  to  prevent  or  remove  every  doubt  on  this  point  it  merits  the 
consideration  of  Congress  whether  it  will  not  be  expedient  immediately 
to  pass  a  law  giving  positive  assurances  to  those  inhabitants  who,  by  fair 
and  regular  grants  or  by  occupancy,  have  obtained  legal  titles  or  equi- 
table claims  to  lands  in  that  country  prior  to  the  final  ratification  of  the 
treaty  between  the  United  States  and  Spain  on  the  25th  of  April,  1796. 

This  country  is  rendered  peculiarlj^  valuable  by  its  inhabitants,  who 
are  represented  to  amount  to  nearly  4,000,  generally  well  affected  and 
much  attached  to  the  United  States,  and  zealous  for  the  establishment  of 
a  government  under  their  authority. 

I  therefore  recommend  to  your  consideration  the  expediency  of  erecting 
a  government  in  the  district  of  the  Natchez  similar  to  that  established 
for  the  territory  northwest  of  the  river  Ohio,  but  with  certain  modifica- 


John  Adams  247 

tions  relative  to  titles  or  claims  of  land,  whether  of  individuals  or  com- 
panies, or  to  claims  of  jurisdiction  of  any  individual  State. 

JOHN  ADAMS. 


United  States,  June  22,  1797. 
Gefitlemefi  of  the  House  of  Representatives: 

Immediately  after  I  had  received  your  resolution  of  the  loth  of  June, 
requesting  a  report  respecting  the  depredations  committed  on  the  com- 
merce of  the  United  States  since  the  ist  of  October,  1796,  specifying  the 
name  of  the  vessel  taken,  where  bound  to  or  from,  species  of  lading,  the 
value  (when  it  can  be  ascertained)  of  the  vessel  and  cargo  taken,  and  by 
what  power  captured,  particularizing  those  which  have  been  actually 
condemned,  together  with  the  proper  documents  to  ascertain  the  same,  I 
directed  a  collection  to  be  made  of  all  such  information  as  should  be  found 
in  the  possession  of  the  Government;  in  consequence  of  which  the  Sec- 
retary of  State  has  made  the  report  and  the  collection  of  documents  which 
accompany  this  message,  and  are  now  laid  before  the  House  of  Repre- 
sentatives in  compliance  with  their  desire. 

JOHN  ADAMS. 


United  States,  y««^  2j,  1797. 
Gentlemen  of  the  Se?iate  and  of  the  Hotise  of  Representatives: 

The  Dey  of  Algiers  has  manifested  a  predilection  for  American-built 
vessels,  and  in  consequence  has  desired  that  two  vessels  might  be  con- 
structed and  equipped  as  cruisers  according  to  the  choice  and  taste  of 
Captain  O'Brien.  The  cost  of  two  such  vessels  built  with  hve  oak  and 
cedar,  and  coppered,  with  guns  and  all  other  equipments  complete,  is 
estimated  at  $45,000.  The  expense  of  navigating  them  to  Algiers 
may  perhaps  be  compensated  by  the  freight  of  the  stores  with  which 
they  may  be  loaded  on  account  of  our  stipulations  by  treaty  with  the 
Dey. 

A  compliance  %\4th  the  Dey's  request  appears  to  me  to  be  of  serious 
importance.  He  will  repay  the  whole  expense  of  building  and  equipping 
the  two  vessels,  and  as  he  has  advanced  the  price  of  our  peace  with 
Tripoli,  and  become  pledged  for  that  of  Tunis,  the  United  States  seem  to 
be  under  peculiar  obligations  to  provide  this  accommodation,  and  I  trust 
that  Congress  will  authorize  the  advance  of  money  necessary  for  that 
purpose. 

It  also  appears  to  be  of  importance  to  place  at  Algiers  a  person  as 
consul  in  whose  integrity  and  ability  much  confidence  may  be  placed,  to 
whom  a  considerable  latitude  of  discretion  should  be  allowed,  for  the 
interest  of  the  United  States  in  relation  to  their  commerce.    That  country 


248  Messages  and  Papers  of  the  Presidents 

is  so  remote  as  to  render  it  impracticable  for  the  consul  to  ask  and  receive 
instructions  in  sudden  emergencies.  He  may  sometimes  find  it  necessary 
to  make  instant  engagements  for  money  or  its  equivalent,  to  prevent 
greater  expenses  or  more  serious  evils.  We  can  hardly  hope  to  escape 
occasions  of  discontent  proceeding  from  the  Regency  or  arising  from  the 
misconduct  or  even  the  misfortunes  of  our  commercial  vessels  navigat- 
ing in  the  Mediterranean  Sea,  and  unless  the  causes  of  discontent  are 
speedily  remo\'ed  the  resentment  of  the  Regency  may  be  exerted  with 
precipitation  on  our  defenseless  citizens  and  their  property,  and  thus 
occasion  a  tenfold  expense  to  the  United  States.  For  these  reasons  it 
appears  to  me  to  be  expedient  to  vest  the  consul  at  Algiers  with  a  degree 
of  discretionary  power  which  can  be  requisite  in  no  other  situation;  and 
to  encourage  a  person  deser\'ing  the  public  confidence  to  accept  so 
expensive  and  responsible  a  situation,  it  appears  indispensable  to  allov/ 
him  a  handsome  salar}'.  I  should  confer  on  such  a  consul  a  superin- 
tending power  over  the  consulates  for  the  States  of  Tunis  and  Tripoli, 
especially  in  respect  to  pecuniary  engagements,  which  should  not  be 
made  without  his  approbation. 

While  the  present  salary  of  $2,000  a  year  appears  adequate  to  the 
consulates  of  Tunis  and  Tripoli,  twice  that  sum  probably  will  be  requisite 
for  Algiers. 

JOHN  ADAMS. 


United  States,  Jidy  j,  77^7. 
Gentlemen  of  the  Senate  and  Gentlemen  of  the  House  of  Representatives: 

The  whole  of  the  intelligence  which  has  for  some  time  past  been 
received  from  abroad,  the  correspondences  between  this  Government  and 
the  ministers  of  the  belligerent  powers  residing  here,  and  the  advices 
from  the  officers  of  the  United  States,  civil  and  military,  upon  the  frontiers 
all  conspire  to  shew  in  a  very  strong  light  the  critical  situation  of  our 
country.  That  Congress  might  be  enabled  to  form  a  more  perfect  judg- 
ment of  it  and  of  the  measures  necessary  to  be  taken,  I  have  directed 
the  proper  officers  to  prepare  such  collections  of  extracts  from  the  public 
correspondences  as  might  afford  the  clearest  information.  The  reports 
made  to  me  from  the  Secretary  of  State  and  the  Secretary  of  War,  with 
a  collection  of  documents  from  each  of  them,  are  now  communicated  to 
both  Houses  of  Congress.  I  have  desired  that  the  message,  reports,  and 
documents  may  lie  considered  as  confidential  merely  that  the  members  of 
both  Hou.ses  of  Congress  may  be  apprised  of  their  contents  before  they 
should  be  made  public.  As  soon  as  the  two  Houses  shall  have  heard 
them,  I  shall  submit  to  their  discretion  the  publication  of  the  whole,  or 
any  .such  parts  of  them  as  they  shall  judge  necessary  or  expedient  for 
the  pubUc  good. 

JOHN  ADAMS. 


John  Adams  249 


PROCLAMATION. 

By  John  Adams,  the  Presidknt  of  the  United  States  of 

America. 

A  PROCLAMATION. 

Whereas  an  act  of  the  Congress  of  the  United  States  was  passed  on 
the  9th  day  of  February,  1793,  entitled  "An  act  regulating  foreign 
coins,  and  for  other  purposes,"  in  which  it  was  enacted  "that  foreign 
gold  and  silver  coins  shall  pass  current  as  money  within  the  United 
States  and  be  a  legal  tender  for  the  payment  of  all  debts  and  demands ' ' 
at  the  several  and  respective  rates  therein  stated;  and  that  "at  the 
expiration  of  three  years  next  ensuing  the  time  when  the  coinage  of 
gold  and  silver  agreeably  to  the  act  intituled  "An  act  establishing  a 
mint  and  regulating  the  coins  of  the  United  States  ' '  shall  commence  at 
the  Mint  of  the  United  States  (which  time  shall  be  announced  by  the 
proclamation  of  the  President  of  the  United  States),  all  foreign  gold 
coins  and  all  foreign  silver  coins,  except  Spanish  milled  dollars  and  parts 
of  such  dollars,  shall  cease  to  be  a  legal  tender  as  aforesaid: 

Now,  therefore,  I,  the  said  John  Adams,  President  of  the  United 
States,  hereby  proclaim,  announce,  and  give  notice  to  all  whom  it  may 
concern  that,  agreeably  to  the  act  last  above  mentioned,  the  coinage  of 
silver  at  the  Mint  of  the  United  States  commenced  on  the  15th  day  of 
October,  1794,  and  the  coinage  of  gold  on  the  31st  day  of  July,  1795; 
and  that  consequently,  in  conformity  to  the  act  first  above  mentioned, 
all  foreign  silver  coins,  except  Spanish  milled  dollars  and  parts  of  such 
dollars,  will  cease  to  pass  current  as  money  within  the  United  States  and 
to  be  a  legal  tender  for  the  payment  of  an}-  debts  or  demands  after  the 
15th  day  of  October  next,  and  all  foreign  gold  coins  will  cease  to  pass 
current  as  money  within  the  United  States  and  to  be  a  legal  tender  as 
aforesaid  for  the  payment  of  any  debts  or  demands  after  the  31st  day  of 
July,  which  will  be  A.  D.  1798. 

In  testimony  whereof  "I  have  caused  the  seal  of   the  United  States 
to  be  affixed  to  these  presents,  and  signed  the  same  with  my 
hand. 
[seal.]         Done  at  Philadelphia,  the  22d  day  of  July,  A.  D.  1797,  and 
of  the  Independence  of  the  United  States  the  twenty-second. 

JOHN  ADAMS. 

By  the  President: 

Timothy  Pickering, 

Secretary  of  State. 


250  Messages  and  Papers  of  the  Presidents 


FIRST  ANNUAL  ADDRESS. 

United  States,  November  22,  1797. 
Gentlemen  of  the  Senate  ajid  Gentlemeti  of  the  House  of  Representatives: 

I  was  for  some  time  apprehensive  that  it  would  be  necessary',  on  account 
of  the  contagious  sickness  which  afflicted  the  city  of  Philadelphia,  to  con- 
vene the  National  Legislature  at  some  other  place.  This  measure  it  was 
desirable  to  avoid,  because  it  would  occasion  much  public  inconvenience 
and  a  considerable  public  expense  and  add  to  the  calamities  of  the  inhab- 
itants of  this  city,  whose  sufferings  must  have  excited  the  sy-mpathy  of 
all  their  fellow-citizens.  Therefore,  after  taking  measures  to  ascertain 
the  state  and  decline  of  the  sickness,  I  postponed  my  determination,  hav- 
ing hopes,  now  happily  realized,  that,  without  hazard  to  the  lives  or 
health  of  the  members,  Congress  might  assemble  at  this  place,  where 
it  was  next  by  law  to  meet.  I  submit,  however,  to  your  consideration 
whether  a  power  to  postpone  the  meeting  of  Congress,  without  passing 
the  time  fixed  by  the  Constitution  upon  such  occasions,  would  not  be 
a  useful  amendment  to  the  law  of  1794. 

Although  I  can  not  yet  congratulate  you  on  the  reestablishment  of 
peace  in  Europe  and  the  restoration  of  security  to  the  persons  and  prop- 
erties of  our  citizens  from  injustice  and  violence  at  sea,  we  have,  never- 
theless, abundant  cause  of  gratitude  to  the  source  of  benevolence  and 
influence  for  interior  tranquillity  and  personal  security,  for  propitious 
seasons,  prosperous  agriculture,  productive  fisheries,  and  general  improve- 
ments, and,  above  all,  for  a  rational  spirit  of  civil  and  religious  liberty 
and  a  calm  but  stead}'  determination  to  support  our  sovereignty,  as  well 
as  our  moral  and  our  religious  principles,  against  all  open  and  secret 
attacks. 

Our  envoys  extraordinary  to  the  French  Republic  embarked — one 
in  July,  the  other  early  in  August — to  join  their  colleague  in  Holland. 
I  have  received  intelligence  of  the  arrival  of  both  of  them  in  Holland, 
from  whence  they  all  proceeded  on  their  journeys  to  Paris  within  a  few 
days  of  the  19th  of  September.  Whatever  may  be  the  result  of  this  mis- 
sion, I  trust  that  nothing  will  have  been  omitted  on  my  part  to  conduct 
the  negotiation  to  a  successful  conclusion,  on  such  equitable  terms  as  may 
be  compatible  with  the  safety,  honor,  and  interest  of  the  United  States. 
Notliing,  in  the  meantime,  will  contribute  so  much  to  the  preser\'ation  of 
peace  and  the  attainment  of  justice  as  a  manifestation  of  that  energy  and 
unanimity  of  which  on  many  former  occasions  the  people  of  the  United 
States  have  given  such  memorable  proofs,  and  the  exertion  of  those 
resources  for  national  defense  which  a  beneficent  Providence  has  kindly 
placed  within  their  power. 

It  may  be  confidently  asserted  that  nothing  has  occurred  since  the 


John  Adams  251 

adjournment  of  Congress  which  renders  inexpedient  those  precautionary 
measures  recommended  by  me  to  the  consideration  of  the  two  Houses  at 
the  opening  of  your  late  extraordinary  session.  If  that  system  was  then 
prudent,  it  is  more  so  now,  as  increasing  depredations  strengthen  the 
reasons  for  its  adoption. 

Indeed,  whatever  may  be  the  issue  of  the  negotiation  with  France,  and 
whether  the  war  in  Europe  is  or  is  not  to  continue,  I  hold  it  most  cer- 
tain that  permanent  tranquillity  and  order  will  not  soon  be  obtained. 
The  state  of  society  has  so  long  been  disturbed,  the  sense  of  moral  and 
religious  obligations  .so  much  weakened,  public  faith  and  national  honor 
have  been  vSO  impaired,  respect  to  treaties  has  been  so  diminished,  and 
the  law  of  nations  has  lost  so  much  of  its  force,  while  pride,  ambition, 
avarice,  and  violence  have  been  so  long  unrestrained,  there  remains  no 
reasonable  ground  on  which  to  raise  an  expectation  that  a  commerce 
without  protection  or  defense  will  not  be  plundered. 

The  commerce  of  the  United  States  is  essential,  if  not  to  their  exist- 
ence, at  least  to  their  comfort,  their  growth,  prosperity,  and  happiness. 
The  genius,  character,  and  habits  of  the  people  are  highly  commercial. 
Their  cities  have  been  formed  and  exist  upon  commerce.  Our  agricul- 
ture, fisheries,  arts,  and  manufactures  are  connected  with  and  depend  upon 
it.  In  short,  commerce  has  made  this  country  what  it  is,  and  it  can  not 
be  destroyed  or  neglected  without  involving  the  people  in  poverty  and 
distress.  Great  numbers  are  directl}"  and  solely  supported  by  navigation. 
The  faith  of  society  is  pledged  for  the  preser^^ation  of  the  rights  of  com- 
mercial and  seafaring  no  less  than  of  the  other  citizens.  Under  this  view 
of  our  affairs,  I  should  hold  myself  guilty  of  a  neglect  of  duty  if  I  forbore 
to  recommend  that  we  should  make  every  exertion  to  protect  our  com- 
merce and  to  place  our  country  in  a  suitable  posture  of  defense  as  the 
only  sure  means  of  preserving  both. 

I  have  entertained  an  expectation  that  it  would  have  been  in  my  power 
at  the  opening  of  this  session  to  have  communicated  to  you  the  agreeable 
information  of  the  due  execution  of  our  treaty  with  His  Catholic  Majesty 
respecting  the  withdrawing  of  his  troops  from  our  territory  and  the 
demarcation  of  the  line  of  limits,  but  by  the  latest  authentic  intelli- 
gence Spanish  garrisons  were  still  continued  within  our  countr}-,  and 
the  running  of  the  boundary  line  had  not  been  commenced.  These  cir- 
cumstances are  the  more  to  be  regretted  as  they  can  not  fail  to  affect 
the  Indians  in  a  manner  injurious  to  the  United  States.  Still,  however, 
indulging  the  hope  that  the  answers  which  have  been  given  will  remove 
the  objections  offered  by  the  Spanish  officers  to  the  immediate  execution 
of  the  treaty,  I  have  judged  it  proper  that  we  should  continue  in  readi- 
ness to  receive  the  posts  and  to  run  the  line  of  limits.  Further  infonna- 
tion  on  this  subject  will  be  communicated  in  the  course  of  the  session. 

In  connection  with  this  unpleasant  state  of  things  on  our  western 
frontier  it  is  proper  for  me  to  mention  the  attempts  of  foreign  agents  to 


252  Messages  and  Papers  of  the  Presidents 

alienate  the  affections  of  the  Indian  nations  and  to  excite  them  to  actual 
hostilities  against  the  United  States.  Great  activity  has  been  exerted 
by  those  persons  who  have  insinuated  themselves  among  the  Indian  tribes 
residing  within  the  territory  of  the  United  States  to  influence  them  to 
transfer  their  affections  and  force  to  a  foreign  nation,  to  form  them  into 
a  confederacy,  and  prepare  them  for  war  against  the  United  States. 
Although  measures  have  been  taken  to  counteract  these  infractions  of 
our  rights,  to  prevent  Indian  hostilities,  and  to  preserve  entire  their  attach- 
ment to  the  United  States,  it  is  my  duty  to  observe  that  to  give  a  better 
effect  to  these  measures  and  to  obviate  the  consequences  of  a  repetition 
of  such  practices  a  law  providing  adequate  punishment  for  such  offenses 
may  be  necessar>\ 

The  commissioners  appointed  under  the  fifth  article  of  the  treaty  of 
amit}',  commerce,  and  navigation  between  the  United  States  and  Great 
Britain  to  ascertain  the  river  which  was  truly  intended  under  the  name 
of  the  river  St.  Croix  mentioned  in  the  treaty  of  peace,  met  at  Passama- 
quoddy  Bay  in  October,  1796,  and  viewed  the  mouths  of  the  rivers  in 
question  and  the  adjacent  shores  and  islands,  and,  being  of  opinion  that 
actual  sur\ieys  of  both  rivers  to  their  sources  were  necessary,  gave  to  the 
agents  of  the  two  nations  instructions  for  that  purpose,  and  adjourned  to 
meet  at  Boston  in  August.  They  met,  but  the  surve5'S  requiring  more 
time  than  had  been  supposed,  and  not  being  then  completed,  the  com- 
missioners again  adjourned,  to  meet  at  Providence,  in  the  State  of  Rhode 
Island,  in  June  next,  when  we  may  expect  a  final  examination  and 
deci.sion. 

The  commissioners  appointed  in  pursuance  of  the  sixth  article  of  the 
treaty  met  at  Philadelphia  in  May  last  to  examine  the  claims  of  British 
subjects  for  debts  contracted  before  the  peace  and  still  remaining  due  to 
them  from  citizens  or  inhabitants  of  the  United  States.  Various  causes 
have  hitherto  prevented  any  determinations,  but  the  business  is  now 
resumed,  and  doubtless  will  be  prosecuted  without  interruption. 

Several  decisions  on  the  claims  of  citizens  of  the  United  States  for 
losses  and  damages  sustained  by  reason  of  irregular  and  illegal  captures 
or  condemnations  of  their  vessels  or  other  property  have  been  made  by 
the  commissioners  in  London  comformably  to  the  seventh  article  of  the 
treaty.  The  sums  awarded  b}'  the  commissioners  have  been  paid  by  the 
British  Government.  A  considerable  number  of  other  claims,  where  costs 
and  damages,  and  not  captured  property,  were  the  only  objects  in  question, 
have  been  decided  by  arbitration,  and  the  sums  awarded  to  the  citizens  of 
the  United  States  have  also  been  paid. 

The  commissioners  appointed  agreeably  to  the  twenty-first  article  of 
our  treaty  with  Spain  met  at  Philadelphia  in  the  summer  past  to  exam- 
ine and  decide  on  the  claims  of  our  citizens  for  losses  they  have  sus- 
tained in  consequence  of  their  vessels  and  cargoes  having  been  taken 
by  the  subjects  of  His  CathoUc  Majesty  during  the  late  war  between 


John  Adams  253 

Spain  and  France.  Their  sittings  have  been  interrupted,  but  are  now 
resumed. 

The  United  States  being  obhgated  to  make  compensation  for  the  losses 
and  damages  sustained  by  British  subjects,  upon  the  award  of  the  com- 
missioners acting  under  the  sixth  article  of  the  treaty  with  Great  Britain, 
and  for  the  losses  and  damages  sustained  by  British  subjects  by  reason 
of  the  capture  of  their  vessels  and  merchandise  taken  within  the  limits 
and  jurisdiction  of  the  United  States  and  brought  into  their  ports,  or 
taken  by  vessels  originally  armed  in  ports  of  the  United  States,  upon 
the  awards  of  the  commissioners  acting  under  the  vSeventh  article  of  the 
same  treaty,  it  is  necessary  that  provision  be  made  for  fulfilling  these 
obligations. 

The  numerous  captures  of  American  vessels  by  the  cruisers  of  the 
French  Republic  and  of  some  by  those  of  Spain  have  occasioned  consid- 
erable expenses  in  making  and  supporting  the  claims  of  our  citizens 
before  their  tribunals.  The  sums  required  for  this  purpose  have  in 
divers  instances  been  disbursed  by  the  consuls  of  the  United  States.  By 
means  of  the  same  captures  great  numbers  of  our  seamen  have  been 
thrown  ashore  in  foreign  countries,  destitute  of  all  means  of  subsist- 
ence, and  the  sick  in  particular  have  been  exposed  to  grievous  sufferings. 
The  consuls  have  in  these  cases  also  advanced  moneys  for  their  relief. 
For  these  advances  they  reasonably  expect  reimbursements  from  the 
United  States. 

The  consular  act  relative  to  seamen  requires  revision  and  amendment. 
The  provisions  for  their  support  in  foreign  countries  and  for  their  return 
are  found  to  be  inadequate  and  ineffectual.  Another  provision  seems  nec- 
essary to  be  added  to  the  consular  act.  Some  foreign  vessels  have  been 
discovered  sailing  under  the  flag  of  the  United  States  and  with  forged 
papers.  It  seldom  happens  that  the  consuls  can  detect  this  deception, 
because  they  have  no  authority  to  demand  an  inspection  of  the  registers 
and  sea  letters. 

Gentlemen  of  the  House  of  Representatives: 

It  is  my  duty  to  recommend  to  your  serious  consideration  those  objects 
which  by  the  Constitution  are  placed  particularly  within  your  sphere — 
the  national  debts  and  taxes. 

Since  the  decay  of  the  feudal  system,  by  which  the  public  defense  was 
provided  for  chiefly  at  the  expense  of  individuals,  the  system  of  loans 
has  been  introduced,  and  as  no  nation  can  raise  within  the  year  by  taxes 
sufficient  sums  for  its  defense  and  military  operations  in  time  of  war, 
the  sums  loaned  and  debts  contracted  have  necessarily  become  the  sub- 
jects of  what  have  been  called  funding  systems.  The  consequences 
arising  from  the  continual  accumulation  of  public  debts  in  other  countries 
ought  to  admonish  us  to  be  careful  to  prevent  their  growth  in  our  own. 
The  national  defense  must  be  provided  for  as  well  as  the  support  of 


254  Messages  and  Papers  of  the  Presidents 

Government;  but  both  should  be  accomphshed  as  much  as  possible  by 
immediate  taxes,  and  as  little  as  possible  b^-  loans. 

The  estimates  for  the  ser\-ice  of  the  ensuing  year  will  by  my  direction 
be  laid  before  you. 

Gentlemen  of  the  Senate  and  Gentlemen  of  the  House  of  Representatives: 

We  are  met  together  at  a  most  interesting  period.  The  situations  of 
the  principal  powers  of  Europe  are  singular  and  portentous.  Connected 
wth  some  by  treaties  and  with  all  by  commerce,  no  important  event 
there  can  be  indifferent  to  us.  Such  circumstances  call  with  peculiar 
importunity  not  less  for  a  disposition  to  unite  in  all  those  measures  on 
which  the  honor,  safety,  and  prosperity  of  our  country  depend  than  for 
all  the  exertions  of  wisdom  and  firmness. 

In  all  such  measures  you  may  rely  on  my  zealous  and  hearty  concur- 
rence. 

JOHN  ADAMS. 


ADDRESS  OF  THE  SENATE  TO  JOHN  ADAMS,  PRESIDENT  OF  THE 

UNITED  STATES. 

The  President  of  the  United  States. 

Sir:  The  communications  you  thought  proper  to  make  in  your  speech 
to  both  Houses  of  Congress  on  the  opening  of  their  present  session  afford 
additional  proofs  of  the  attention,  integrity,  and  firmness  which  have 
always  marked  your  official  character. 

We  can  not  but  approve  of  the  measures  you  had  taken  to  ascertain 
the  state  and  decline  of  the  contagious  sickness  which  has  so  latel}' 
afflicted  the  city  of  Philadelphia,  and  the  pleasing  circumstance  that  Con- 
gress is  now  assembled  at  that  place  without  hazard  to  the  health  of  its 
members  evinces  the  propriety  of  your  having  postponed  a  determination 
to  convene  the  National  Legislature  at  another  place.  We  shall  take 
into  consideration  the  law  of  1794  on  this  subject,  and  will  readily  concur 
in  any  amendment  which  may  be  deemed  expedient. 

It  would  have  given  us  much  pleasure  to  have  received  your  congratu- 
lations on  the  reestablishment  of  peace  in  Europe  and  the  restoration  of 
.security  to  the  persons  and  property  of  our  citizens  from  injustice  and  \\o- 
lence  at  sea;  but  though  these  events,  so  desirable  to  our  countrj-  and  the 
world,  have  not  taken  place,  yet  we  have  abundant  cause  of  gratitude  to 
the  Great  Disposer  of  Human  Events  for  interior  tranquillity  and  personal 
security,  for  propitious  seasons,  prosperous  agriculture,  productive  fish- 
eries, and  general  improvement,  and,  above  all,  for  a  rational  spirit  of 
civil  and  religious  liberty  and  a  calm  but  steady  determination  to  support 
our  sovereignty  against  all  open  and  secret  attacks. 

We  learn  with  satisfaction  that  our  envoys  extraordinary-  to  the  French 


Johit  Adams  255 

Republic  had  safely  arrived  in  Europe  and  were  proceeding  to  the  scene 
of  negotiation,  and  whatever  may  be  the  result  of  the  mission,  we  are 
perfectly  satisfied  that  nothing  on  your  part  has  been  omitted  which  could 
in  any  way  conduce  to  a  successful  conclusion  of  the  negotiation  upon 
terms  compatible  with  the  safety,  honor,  and  interest  of  the  United  States; 
and  we  are  fully  convinced  that  in  the  meantime  a  manifestation  of  that 
unanimity  and  energy  of  which  the  people  of  the  United  States  have 
given  such  memorable  proofs  and  a  proper  exertion  of  those  resources 
of  national  defense  which  we  possess  will  essentially  contribute  to  the 
preservation  of  peace  and  the  attainment  of  justice. 

We  think,  sir,  with  you  that  the  commerce  of  the  United  States  is  essen- 
tial to  the  growth,  comfort,  and  prosperity  of  our  country,  and  that  the 
faith  of  society  is  pledged  for  the  preservation  of  the  rights  of  commercial 
and  seafaring  no  less  than  of  other  citizens.  And  even  if  our  negotia- 
tion with  France  should  terminate  favorably  and  the  war  in  Europe  cea.se, 
yet  the  state  of  society  which  unhappily  prevails  in  so  great  a  portion  of 
the  world  and  the  experience  of  past  times  under  better  circumstances 
unite  in  warning  us  that  a  commerce  so  extensive  and  which  holds  out 
so  many  temptations  to  lawless  plu'iiderers  can  never  be  safe  without 
protection;  and  we  hold  ourselves  obliged  by  every  tie  of  duty  which 
binds  us  to  our  constituents  to  promote  and  concur  in  such  measures  of 
marine  defense  as  may  convince  our  merchants  and  seamen  that  their 
rights  are  not  sacrificed  nor  their  injuries  forgotten. 

We  regret  that,  notwithstanding  the  clear  and  explicit  terms  of  the 
treaty  between  the  United  States  and  His  Catholic  Majesty,  the  Spanish 
garrisons  are  not  yet  withdrawn  from  our  territory  nor  the  running  of 
the  boundary  line  commenced.  The  United  States  have  been  faithful  in 
the  performance  of  their  obligations  to  Spain,  and  had  reason  to  expect 
a  compliance  equally  prompt  on  the  part  of  that  power.  We  still,  how- 
ever, indulge  the  hope  that  the  convincing  answers  which  have  been 
given  to  the  objections  stated  by  the  Spanish  officers  to  the  immediate 
execution  of  the  treaty  will  have  their  proper  effect,  and  that  this  treaty, 
so  mutually  beneficial  to  the  contracting  parties,  will  be  finally  obser\-ed 
with  good  faith.  We  therefore  entirely  approve  of  your  determination 
to  continue  in  readiness  to  receive  the  posts  and  to  run  the  line  of  parti- 
tion between  our  territory  and  that  of  the  King  of  Spain. 

Attempts  to  alienate  the  affections  of  the  Indians,  to  form  them  into  a 
confederacy,  and  to  excite  them  to  actual  hostility  against  the  United 
States,  whether  made  by  foreign  agents  or  by  others,  are  so  injurious  to 
our  interests  at  large  and  so  inhuman  with  respect  to  our  citizens  inhab- 
iting the  adjacent  territory  as  to  deserve  the  most  exemplary  punishment, 
and  we  will  cheerfully  afford  our  aid  in  framing  a  law  which  may  pre- 
scribe a  punishment  adequate  to  the  commission  of  crimes  so  heinous. 

The  several  objects  you  have  pointed  out  to  the  attention  of  the 
Eegislature,  whether  they  regard  our  internal  or  external  relations,  shall 


256  Messages  and  Papers  of  the  Presidents 

receive  from  us  that  consideration  which  \.\v^y  merit,  and  we  will  readily 
concur  in  all  such  measures  as  may  be  necessary  either  to  enable  us  to 
fulfill  our  engagements  at  home  or  to  cause  ourselves  to  be  respected 
abroad;  and  at  this  portentous  period,  when  the  powers  of  Europe  with 
whom  we  are  connected  by  treaty  or  commerce  are  in  so  critical  a  situa- 
tion, and  when  the  conduct  of  some  of  those  powers  toward  the  United 
States  is  so  hostile  and  menacing,  the  several  branches  of  the  Govern- 
ment are,  in  our  opinion,  called  upon  with  peculiar  importunity  to  unite, 
and  by  union  not  only  to  devise  and  carry  into  effect  those  measures  on 
\vhich  the  safety  and  prosperity  of  our  country  depend,  but  also  to  unde- 
ceive those  nations  who,  regarding  us  as  a  weak  and  divided  people,  have 
pursued  systems  of  aggression  inconsistent  with  a  state  of  peace  between 
independent  nations.  And,  sir,  we  beg  leave  to  assure  you  that  we 
derive  a  singular  consolation  from  the  reflection  that  at  such  a  time  the 
executive  part  of  our  Government  has  been  committed  to  your  hands, 
for  in  your  integrity,  talents,  and  firmness  we  place  the  most  entire 
confidence. 

JACOB  READ, 
President  of  the  Senate  pro  tempore. 
November  27,  1797. 


REPLY  OF  THE  PRESIDENT. 

United  States,  November  28,  1797. 
Gentlemen  of  the  Senate: 

I   thank  you  for  this  address. 

When,  after  the  most  laborious  investigation  and  serious  reflection, 
without  partial  considerations  or  personal  motives,  measures  have  been 
adopted  or  recommended,  I  can  receive  no  higher  testimony  of  their 
rectitude  than  the  approbation  of  an  assembly  so  independent,  patriotic, 
and  enlightened  as  the  Senate  of  the  United  States. 

Nothing  has  afforded  me  more  entire  satisfaction  than  the  coincidence 
of  your  judgment  with  mine  in  the  opinion  of  the  essential  importance 
of  our  commerce  and  the  absolute  necessity  of  a  maritime  defense.  What 
is  it  that  has  drawn  to  Europe  the  superfluous  riches  of  the  three  other 
quarters  of  the  globe  but  a  marine?  What  is  it  that  has  drained  the 
wealth  of  Europe  itself  into  the  coffers  of  two  or  three  of  its  principal 
commercial  powers  but  a  marine  ? 

The  world  has  furnished  no  example  of  a  flourishing  commerce  with- 
out a  maritime  protection,  and  a  moderate  knowledge  of  man  and  his 
histor>'  will  convince  anyone  that  no  such  prodigy  ever  can  arise.  A 
mercantile  marine  and  a  military  marine  must  grow  up  together ;  one 
can  not  long  exist  without  the  other. 

JOHN  ADAMS. 


John  Adams  257 

ADDRESS  OF  THE   HOUSE  OF   REPRESENTATIVES  TO  JOHN  ADAMS, 
PRESIDENT  OF  THE  UNITED  STATES. 

Sir:  While  our  sympathy  is  excited  by  the  recent  sufferings  of  the 
citizens  of  Philadelphia,  we  participate  in  the  satisfaction  which  you  are 
pleased  to  express  that  the  duration  of  the  late  calamity  was  so  limited 
as  to  render  unnecessary  the  expense  and  inconvenience  that  would  have 
been  incident  to  the  convention  of  Congress  in  another  place;  and  we 
shall  readily  attend  to  everj'-  useful  amendment  of  the  law  which  contem- 
plates the  event  of  contagious  sickness  at  the  .seat  of  Government. 

In  lamenting  the  increase  of  the  injuries  offered  to  the  persons  and 
property  of  our  citizens  at  sea  we  gratefully  acknowledge  the  contin- 
uance of  interior  tranquillity  and  the  attendant  blessings  of  which  you 
remind  us  as  alleviations  of  these  fatal  effects  of  injustice  and  violence. 

Whatever  may  be  the  result  of  the  mission  to  the  French  Republic, 
your  early  and  uniform  attachment  to  the  interest  of  our  country,  your 
important  services  in  the  struggle  for  its  independence,  and  your  unceas- 
ing exertions  for  its  welfare  afford  no  room  to  doubt  of  the  sincerity  of 
your  efforts  to  conduct  the  negotiation  to  a  successful  conclusion  on  such 
terms  as  may  be  compatible  with  the  safety,  honor,  and  interest  of  the 
United  States.  We  have  also  a  firm  reliance  upon  the  energy  and  una- 
nimity of  the  people  of  these  States  in  the  assertion  of  their  rights,  and 
on  their  determination  to  exert  upon  all  proper  occasions  their  ample 
resources  in  providing  for  the  national  defense. 

The  importance  of  commerce  and  its  beneficial  influence  upon  agricul- 
ture, arts,  and  manufactures  have  been  verified  in  the  growth  and  pros- 
perity of  our  country.  It  is  essentially  connected  with  the  other  great 
interests  of  the  community;  they  must  flourish  and  decline  together; 
and  while  the  extension  of  our  navigation  and  trade  naturally  excites 
the  jealousy  and  tempts  the  avarice  of  other  nations,  we  are  firmly  per- 
suaded that  the  numerous  and  deserving  class  of  citizens  engaged  in 
these  pursuits  and  dependent  on  them  for  their  subsistence  has  a  strong 
and  indisputable  claim  to  our  support  and  protection. 

The  delay  of  the  Spanish  officers  to  fulfill  the  treaty  existing  with  His 
Catholic  Majesty  is  a  source  of  deep  regret.  We  learn,  however,  with 
satisfaction  that  you  still  indulge  hopes  of  removing  the  objections  which 
have  been  made  to  its  execution,  and  that  you  have  continued  in  readi- 
ness to  recei\'e  the  posts.  Disposed  to  perform  with  fidelity  our  national 
engagements,  nothing  shall  be  wanting  on  our  part  to  obtain  the  same 
justice  from  others  which  we  exercise  toward  them. 

Our  abhorrence  can  not  be  too  strongly  expressed  of  the  intrigues  of 
foreign  agents  to  alienate  the  affections  of  the  Indians  and  to  rouse 
them  to  acts  of  hostility  against  the  United  States.  No  means  in  our 
power  should  be  omitted  of  providing  for  the  suppression  of  such  cruel 
practices  and  for  the  adequate  punishment  of  their  atrocious  authors. 
M  P — vol.  I — 17 


258  Messages  and  Papers  of  the  Presidents 

Upon  the  other  interesting  subjects  noticed  in  your  address  we  shall 
bestow  the  requisite  attention.  To  preserve  inviolable  the  public  faith 
by  providing  for  the  due  execution  of  our  treaties,  to  indemnify  those 
who  may  have  just  claims  to  retribution  upon  the  United  States  for 
expenses  incurred  in  defending  the  property  and  relieving  the  neces- 
sities of  our  unfortunate  fellow-citizens,  to  guard  against  evasions  of  the 
laws  intended  to  sectne  advantages  to  the  navigation  of  our  owii  vessels, 
and  especially  to  prevent  by  all  possible  means  an  unnecessary  accumu- 
lation of  the  pubhc  debt,  are  duties  which  we  shall  endeavor  to  keep  in 
view  and  discharge  with  assiduity. 

We  regard  with  great  anxiety  the  singular  and  portentous  situation  of 
the  principal  powers  of  Europe.  It  were  devoutly  to  be  wished  that  the 
United  States,  remote  from  this  seat  of  war  and  discord,  unambitious  of 
conquests,  respecting  the  rights  of  other  nations,  and  desirous  merely  to 
avail  themselves  of  their  natural  resources,  might  be  permitted  to  behold 
the  scenes  which  desolate  that  quarter  of  the  globe  with  only  those  sym- 
pathetic emotions  which  are  natural  to  the  lovers  of  peace  and  friends  of 
the  hmnan  race.  But  we  are  led  by  events  to  associate  with  these  feel- 
ings a  sense  of  the  dangers  which  menace  our  security  and  peace.  We 
rely  upon  3'our  assurances  of  a  zealous  and  hearty  concurrence  in  such 
measures  as  may  be  necessary  to  avert  these  dangers,  and  nothing  on  our 
part  shall  be  wanting  to  repel  them  which  the  honor,  safety,  and  pros- 
perity of  our  country  may  require. 

November  28,  1797. 

REPLY  OF  THE  PRESIDENT. 

United  States,  November  2g,  1797. 
Gentlemen  of  the  House  of  Representatives: 

I  receive  this  address  from  the  House  of  Representatives  of  the  United 
States  with  pecuhar  pleasure. 

Your  approbation  of  the  meeting  of  Congress  in  this  city  and  of  those 
other  measures  of  the  Executive  authority  of  Government  communicated 
in  my  address  to  both  Houses  at  the  opening  of  the  session  afford  me 
great  satisfaction,  as  the  strongest  desire  of  my  heart  is  to  give  satisfac- 
tion to  the  people  and  their  Representatives  by  a  faithful  discharge  of  my 
duty. 

The  confidence  you  express  in  the  sincerity  of  my  endeavors  and  in 
the  unanimity  of  the  people  does  me  much  honor  and  gives  me  great  joy. 

I  rejoice  in  that  harmony  which  appears  in  the  sentiments  of  all  the 
branches  of  the  Government  on  the  importance  of  our  commerce  and  our 
obligations  to  defend  it,  as  well  as  in  all  the  other  subjects  recommended 
to  your  consideration,  and  sincerely  congratulate  you  and  our  fellow- 
citizens  at  large  on  this  appearance,  so  auspicious  to  the  honor,  interest, 
and  happiness  of  the  nation. 


John  Admns  259 

SPECIAL  MESSAGES. 

United  States,  December  6,  17 gy. 
Gentlemen  of  the  Senate: 

Isaac  Smith,  esq.,  who  was  appointed,  with  the  advice  and  consent  of 
the  Senate,  to  hold  a  treaty  with  the  Seneca  Nation  of  Indians,  to  super- 
intend the  purchase  of  a  parcel  of  their  land  under  a  right  of  preemption 
derived  from  the  State  of  Massachusetts,  and  situated  within  the  State 
of  New  York,  having  decUned  that  service,  Jeremiah  Wadsworth,  esq., 
was  appointed  during  your  recess  to  hold  a  treaty,  which  has  terminated 
in  a  deed  of  bargain  and  .sale,  herewith  submitted  to  your  consideration. 

It  being  represented  to  me  that  the  immediate  investment  in  bank 
stock  of  the  moneys  which  are  to  be  the  consideration  of  this  deed  might 
be  attended  with  considerable  loss  to  the  Indians  by  raising  the  market 
price  of  that  article,  it  is  suggested  whether  it  would  not  be  expedient 
that  the  ratification  should  be  made  conclusive  and  binding  on  the  par- 
ties only  after  the  President  shall  be  satisfied  that  the  investment  of  the 
moneys  has  been  made  conformably  to  the  intention  of  the  treaty. 

JOHN  ADAMS. 

United  States,  December  13,  1797. 
Gentlemen  of  the  Senate  and  Gentleman  of  the  House  of  Representatives: 

I  lay  before  you  the  copy  of  a  letter  from  the  judges  of  the  Supreme 
Court  of  the  United  States,  representing  the  inconvenience  arising  from 
altering  the  time  of  holding  the  circuit  court  for  the  State  of  Delaware 
from  April  to  June,  and  desiring  that  the  existing  law  may  be  altered  by 
restoring  the  spring  session  of  the  circuit  court  in  Delaware  to  the  27th 

^^  ^P^^^-  JOHN  ADAMS. 

United  States,  December  jo,  1797. 
Gentlemen  of  the  Seriate  and  Gentlemen  of  the  House  of  Representatives: 

In  compliance  with  the  desire  of  the  two  Houses  of  Congress,  expressed 
in  their  resolution  of  the  2d  of  March,  1797,  that  some  speedy  and  effectual 
means  might  be  adopted  of  obtaining  information  from  the  States  of  Con- 
necticut, New  Jersey,  Pennsylvania,  Maryland,  Virginia,  Kentucky,  Ten- 
nessee, and  South  Carolina  whether  they  have  ratified  the  amendment 
proposed  by  Congress  to  the  Constitution  concerning  the  suability  of 
States,  and  if  they  have,  to  obtain  proper  evidences,  measures  have  been 
taken  and  information  and  e\-idences  obtained  the  particulars  of  which 
will  appear  in  the  report  from  the  Secretary  of  State  made  by  my  direc- 
tion on  the  28th  day  of  this  month,  and  now  presented  to  the  two  Houses 
for  their  consideration.  ^^^^  ADAMS. 


26o  Messages  and  Papers  of  the  Presidents 

United  States, /a«Mizr>' 5,  1J98. 
Gentlemen  of  the  Senate  and  Gentlemen  of  the  House  of  Representatives: 

The  Secretary  for  the  Department  of  War  on  the  30th  day  of  Decem- 
ber last  made  a  representation  to  me  of  the  situation  of  affairs  in  his 
office,  which  I  now  transmit  to  the  Senate  and  House  of  Representatives, 
and  recommend  to  their  consideration  and  decision. 

JOHN  ADAMS. 


United  States,  fanuary  8,  1798. 
Gentlemen  of  the  Senate: 

The  situation  of  affairs  between  some  of  the  citizens  of  the  United 
States  and  the  Cherokee  Indians  has  evinced  the  propriety  of  holding  a 
treaty  with  that  nation  to  extinguish  by  purchase  their  right  to  certain 
parcels  of  land  and  to  adjust  and  settle  other  points  relative  to  the  safety 
and  convenienc}'  of  our  citizens.  With  this  view  I  nominate  Fisher  Ames, 
of  Dedhani,  in  the  State  of  Massachusetts;  Bushrod  Washington,  of  Rich- 
mond, in  the  State  of  Virginia,  and  Alfred  Moore,  of  North  Carolina,  to 
be  commissioners  of  the  United  States  with  full  powers  to  hold  confer- 
ences and  conclude  a  treaty  with  the  Cherokee  Nation  of  Indians  for  the 
purposes  before  mentioned. 

JOHN  ADAMS. 


United  States,  farmary  8,  1798. 
Gentlemen  of  the  Senate  and  Gentlemen  of  the  House  of  Representatives: 

I  have  now  an  opportunity  of  transmitting  to  Congress  a  report  of  the 
Secretary  of  State,  with  a  copy  of  an  act  of  the  legislature  of  the  State 
of  Kentucky  consenting  to  the  ratification  of  the  amendment  of  the  Con- 
stitution of  the  United  States  proposed  by  Congress  in  their  resolution  of 
the  2d  day  of  December,  1793,  relative  to  the  suability  of  States.  This 
amendment,  having  been  adopted  by  three-fourths  of  the  several  States, 
may  now  be  declared  to  be  a  part  of  the  Constitution  of   the  United 

^^^^^^-  JOHN  ADAMS. 

United  St kt-es,  fanuary  17,  1798. 
Gentlemen  of  the  Senate  and  Gentlemen  of  the  House  of  Representatives: 

The  situation  of  affairs  between  the  United  States  and  the  Cherokee 
Indians  having  evinced  the  expediency  of  a  treaty  with  that  nation  for 
the  promotion  of  justice  to  them,  as  well  as  of  the  interests  and  conven- 
ience of  our  citizens,  I  have  nominated  and,  by  and  with  the  advice  and 
consent  of  the  Senate,  appointed  commissioners  to  hold  conferences  and 
conclude  a  treaty  as  early  as  the  season  of  the  year  and  the  convenience 
of  the  parties  will  admit. 


John  Adams  261 

As  we  know  very  well  by  experience  such  negotiations  can  not  be  car- 
ried on  without  considerable  expenses,  I  recommend  to  your  consider- 
ation the  propriety  of  making  an  appropriation  at  this  time  for  defraying 
such  as  may  be  necessary  for  holding  and  concluding  a  treaty. 

That  you  may  form  your  judgments  with  greater  facility,  I  shall  direct 
the  proper  officer  to  lay  before  you  an  estimate  of  such  articles  and 
expenses  as  may  be  thought  indispensable. 

JOHN  ADAMS. 


United  States,  January  18,  1798. 
Gentlemen  oj  the  Senate  and  Gentlemen  oj  the  House  oj  Representatives: 

A  representation  has  been  made  to  me  by  the  judge  of  the  Pennsylva- 
nia district  of  the  United  States  of  certain  inconveniences  and  disagreeable 
circumstances  which  have  occurred  in  the  execution  of  the  law  passed 
on  the  28th  day  of  May,  1796,  entitled  "An  act  for  the  relief  of  persons 
imprisoned  for  debt,"  as  well  as  of  certain  doubts  which  have  been 
raised  concerning  its  construction.  This  representation,  together  with 
a  report  of  the  Attorney- General  on  the  same  subject,  I  now  transmit  to 
Congress  for  their  consideration,  that  if  any  amendments  or  explanations 
of  that  law  should  be  thought  advisable  they  may  be  adopted. 

JOHN  ADAMS. 


United  States,  Jayiuary  23,  1798. 
Gentlemen  of  the  Senate  and  Gentlemen  of  the  House  of  Representatives: 

At  the  commencement  of  this  session  of  Congress  I  proposed  in  the 
course  of  it  to  communicate  to  both  Houses  further  infonnation  concern- 
ing the  situation  of  our  affairs  in  the  territories  of  the  United  States  situ- 
ated on  the  Mississippi  River  and  in  its  neighborhood;  our  intercourse 
with  the  Indian  nations;  our  relations  with  the  Spanish  Government,  and 
the  conduct  of  their  officers  and  agents.  This  information  will  be  found 
in  a  report  of  the  Secretary  of  State  and  the  documents  attending  it, 
which  I  now  present  to  the  Senate  and  House  of  Representatives. 

JOHN  ADAMS. 


United  States,  February  2,  1798. 
Gentlem.en  of  the  Senate  and  Gentlemen  of  the  House  of  Representatives: 

I  have  received  from  our  minister  in  London  two  acts  of  the  Parliament 
of  Great  Britain,  one  passed  on  the  4th  of  July,  1797,  entitled  "An  act 
for  carrying  into  execution  the  treaty  of  amity,  commerce,  and  naviga- 
tion concluded  between  His  Majesty  and  the  United  States  of  America," 
the  other  passed  on  the  19th  day  of  July,  1797,  entitled  "An  act  for 


262  Messages  and  Papers  of  the  Presidents 

regulating  the  trade  to  be  carried  on  with  the  British  possessions  in  India 
by  the  ships  of  nations  in  amity  with  His  Majesty."  These  acts  have 
such  connections  with  the  commercial  and  political  interests  of  the  United 
States  that  it  is  proper  they  should  be  communicated  to  Congress.  I 
have  accordingly  transmitted  copies  of  them  with  this  message. 

JOHN  ADAMS. 


United  States,  February  ^,  17 9^ - 
Gentlemen  of  the  Seriate  and  Gentlemen  of  the  House  of  Representatives: 

I  have  received  a  letter  from  His  Excellency  Charles  Pinckney,  esq., 
governor  of  the  State  of  South  Carolina,  dated  the  22d  of  October,  1797, 
inclosing  a  number  of  depositions  of  witnesses  to  several  captures  and 
outrages  committed  within  and  near  the  limits  of  the  United  States  by  a 
French  privateer  belonging  to  Cape  Francois,  or  Monte  Christo,  called 
the  Vertitude  or  Fortitude,  and  commanded  by  a  person  of  the  name  of 
Jordan  or  Jourdain,  and  particularly  upon  an  English  merchant  ship 
named  the  Oracabissa,  which  he  first  plundered  and  then  burned,  with  the 
rest  of  her  cargo,  of  great  value,  within  the  territory  of  the  United  States, 
in  the  harbor  of  Charleston,  on  the  17th  day  of  October  last,  copies  of 
which  letter  and  depositions,  and  also  of  several  other  depositions  relative 
to  the  same  subject,  received  from  the  collector  of  Charleston,  are  here- 
with communicated. 

Whenever  the  channels  of  diplomatical  communication  between  the 
United  States  and  France  shall  be  opened,  I  shall  demand  satisfaction 
for  the  insult  and  reparation  for  the  injury. 

I  have  transmitted  these  papers  to  Congress  not  so  much  for  the  pur- 
pose of  communicating  an  account  of  so  daring  a  violation  of  the  territory 
of  the  United  States  as  to  shew  the  propriety  and  necessity  of  enabling 
the  Executive  authority  of  Government  to  take  measures  for  protecting 
the  citizens  of  the  United  States  and  such  foreigners  as  have  a  right  to 
enjoy  their  peace  and  the  protection  of  their  laws  within  their  limits  in 
that  as  well  as  some  other  harbors  which  are  equally  exposed. 

JOHN  ADAMS. 


United  vStates,  Febncary  12,  1798. 
Gentlemen  of  the  Senate  and  Gentlemen  of  the  Hotise  of  Representatives: 

In  obedience  to  the  law,  I  now  present  to  both  Houses  of  Congress 
my  annual  account  of  expenditures  from  the  contingent  fund  during  the 
year  1797,  by  which  it  appears  that  on  the  ist  day  of  January  last  there 
remained  in  the  Treasury  a  balance  of  $15,494.24  subject  to  future  dis- 
positions of  Government. 

JOHN  ADAMS. 


John  Adams  263 

United  States,  February  18,  1798. 
Gentlemen  of  the  House  of  Representatives: 

In  the  report  of  the  Secretary  of  State  and  the  documents  herewith 
transmitted  will  be  found  such  information  as  is  in  our  possession  of 
the  losses  recovered  by  the  citizens  of  the  United  States  under  the  treaty 
made  with  Great  Britain,  which  are  now  presented  to  the  House  of  Rep- 
resentatives in  compliance  with  their  request  in  their  resolution  of  the 
ist  of  this  month.  JOHN  ADAMS. 

United  States,  February  20,  1798. 
Gentlemen  of  the  Senate  and  Gentlemen  of  the  House  of  Representatives: 

In  obedience  to  the  law  of  the  United  States  of  the  3d  of  March,  1797, 
entitled  *  'An  act  authorizing  an  expenditure  and  making  an  appropria- 
tion for  the  prosecution  of  the  claims  of  certain  citizens  of  the  United 
States  for  property  captured  by  the  belligerent  powers,"  I  submit  to 
Congress  the  account  exhibited  to  me  by  the  Secretary  of  State  with  his 
report  of  the  17th  of  this  month.  JOHN  ADAMS 

United  States,  February  21,  1798. 
Gentlem.en  of  the  Senate: 

Having  received  the  original  treaty  concluded  between  the  United 
States  and  the  Government  of  Tunis,  I  lay  it  before  the  Senate  of  the 
United  States  whether  they  advise  and  consent  to  its  ratification. 

JOHN  ADAMS. 

United  States,  February  23,  1798. 
Gentlemen  of  the  Senate  and  Gentlemen  of  the  House  of  Representatives: 

The  inclosed  memorial  from  the  commissioners  appointed  under  an  act 
of  the  United  States  entitled  "An  act  for  establishing  the  temporary  and 
permanent  seat  of  the  Government  of  the  United  States,"  representing 
the  situation  and  circumstances  of  the  city  of  Washington,  I  take  this 
opportunity  to  present  to  both  Houses  of  the  Legislature  and  recommend 
to  their  consideration.  Alexander  White,  esq.,  one  of  those  commis- 
sioners, is  now  in  this  city,  and  will  be  able  to  give  to  Congress,  or  any 
of  their  committees,  any  explanation  or  further  information  which  the 
subject  may  require.  ^^^^  ADAMS. 

United  States,  March  5,  1798, 
Gentlem,en  of  the  Senate  and  Gentlemen  of  the  House  of  Representatives: 

The  first  dispatches  from  our  envoys  extraordinar>'  since  their  arrival 
at  Paris  were  received  at  the  Secretary-  of  State's  ofl&ce  at  a  late  hour  last 


264  Messages  and  Papers  of  the  Presidents 

evening.  They  are  all  in  a  character  which  will  require  some  days  to  be 
deciphered,  except  the  last,  which  is  dated  the  8th  of  January,  1798. 
The  contents  of  this  letter  are  of  so  much  importance  to  be  immediately 
made  known  to  Congress  and  to  the  pubUc,  especially  to  the  mercantile 
part  of  our  fellow-citizens,  that  I  have  thought  it  my  duty  to  communi- 
cate them  to  both  Houses  without  loss  of  time. 

JOHN  ADAMS. 

United  States,  March  12,  1798. 
Gentlemen  of  the  Senate: 

Insinuations  having  been  repeatedly  made  in  the  name  of  the  Court  of 
Sweden  of  an  inclination  to  renew  the  connection  between  the  United 
States  and  that  power,  I  sent,  in  the  recess  of  the  Senate,  to  our  minister 
at  Berlin  a  full  power  to  negotiate  that  business,  with  such  alterations  as 
might  be  agreeable  to  both  parties;  but  as  that  commission,  if  not  renewed 
with  the  advice  and  consent  of  the  Senate,  will  expire  with  the  present 
session  of  Congress,  I  now  nominate  John  Quincy  Adams  to  be  a  com- 
missioner with  full  powers  to  negotiate  a  treaty  of  amity  and  commerce 
with  His  Majesty  the  King  of  Sweden. 

JOHN  ADAMS. 

United  States,  March  ip,  1798. 
Gentleme?i  of  the  Senate  and  Gentlemen  of  the  House  of  Represetitatives: 

The  dispatches  from  the  envoys  extraordinary  of  the  United  States 
to  the  French  RepubHc,  which  were  mentioned  in  my  message  to  both 
Houses  of  Congress  of  the  5th  instant,  have  been  examined  and  maturely 
considered. 

While  I  feel  a  satisfaction  in  informing  you  that  their  exertions  for  the 
adjustment  of  the  differences  between  the  two  nations  have  been  sincere 
and  unremitted,  it  is  incumbent  on  me  to  declare  that  I  perceive  no  ground 
of  expectation  that  the  objects  of  their  mission  can  be  accompUshed  on 
terms  compatible  with  the  safety,  the  honor,  or  the  essential  interests  of 
the  nation. 

This  result  can  not  with  justice  be  attributed  to  any  want  of  moderation 
on  the  part  of  this  Government,  or  to  any  indisposition  to  forego  second- 
ary interests  for  the  preservation  of  peace.  Knowing  it  to  be  my  duty, 
and  believing  it  to  be  your  wish,  as  well  as  that  of  the  great  body  of  the 
people,  to  avoid  by  all  reasonable  concessions  any  participation  in  the 
contentions  of  Europe,  the  powers  vested  in  our  envoys  were  commen- 
surate with  a  liberal  and  pacific  policy  and  that  high  confidence  which 
might  justly  be  reposed  in  the  abilities,  patriotism,  and  integrity  of  the 
characters  to  whom  the  negotiation  was  committed.  After  a  careful 
review  of  the  whole  subject,  with  the  aid  of  all  the  information  I  have 
received,  I  can  di.scern  nothing  which  could  have  insured  or  contributed 
to  success  that  has  been  omitted  on  my  part,  and  nothing  further  which 


John  Adams  265 

can  be  attempted  consistently  with  maxims  for  which  our  country  has 
contended  at  every  hazard,  and  which  constitute  the  basis  of  our  national 
sovereignty. 

Under  these  circumstances  I  can  not  forbear  to  reiterate  the  recom- 
mendations which  have  been  formerly  made,  and  to  exhort  you  to  adopt 
with  promptitude,  decision,  and  unanimity  such  measures  as  the  ample 
resources  of  the  country  afford  for  the  protection  of  our  seafaring  and 
commercial  citizens,  for  the  defense  of  any  exposed  portions  of  our  terri- 
tory, for  replenishing  our  arsenals,  establishing  foundries  and  military 
manufactures,  and  to  provide  such  efficient  revenue  as  will  be  necessary 
to  defray  extraordinary  expenses  and  supply  the  deficiencies  which  may 
be  occasioned  by  depredations  on  our  commerce. 

The  present  state  of  things  is  so  essentially  different  from  that  in 
which  instructions  were  given  to  the  collectors  to  restrain  vessels  of  the 
United  States  from  sailing  in  an  armed  condition  that  the  principle  on 
which  those  orders  were  issued  has  ceased  to  exist.  I  therefore  deem  it 
proper  to  inform  Congress  that  I  no  longer  conceive  myself  justifiable  in 
continuing  them,  unless  in  particular  cases  where  there  may  be  reason- 
able ground  of  suspicion  that  such  vessels  are  intended  to  be  employed 
contrary  to  law. 

In  all  your  proceedings  it  will  be  important  to  manifest  a  zeal,  vigor, 
and  concert  in  defense  of  the  national  rights  proportioned  to  the  danger 
vnth  which  they  are  threatened.  JOHN  ADAMS 

United  States,  April  j,  1798. 
Gentlemen  of  the  Senate  ayid  Gentlemen  of  the  House  of  Representatives: 

In  compliance  with  the  request  of  the  House  of  Representatives  ex- 
pressed in  their  resolution  of  the  2d  of  this  month,  I  transmit  to  both 
Houses  those  instructions  to  and  dispatches  from  the  envoys  extraordi- 
nary of  the  United  States  to  the  French  Republic  which  were  mentioned 
in  my  message  of  the  19th  of  March  last,  omitting  only  some  names  and 
a  few  expressions  descriptive  of  the  persons. 

I  request  that  they  may  be  considered  in  confidence  until  the  members 
of  Congress  are  fully  possessed  of  their  contents  and  shall  have  had 
opportunity  to  deliberate  on  the  consequences  of  their  publication,  after 
which  time  I  submit  them  to  your  wisdom.  JOHN  ADAMS 

United  States,  April  12,  1798. 
Gentlemen  of  the  Senate: 

A  treaty  with  the  Mohawk  Nation  of  Indians  has  by  accident  lain  long 
neglected.  It  was  executed  under  the  authority  of  the  Honorable  Isaac 
Smith,  a  commissioner  of  the  United  States.  I  now  submit  it  to  the 
Senate  for  their  consideration.  TOHN  ADAMS 


266  Messages  and  Papers  of  the  Presidents 

United  States,  May  j,  1798. 
Gentlemen  of  the  Senate: 

His  Excellency  John  Jay,  esq.,  governor  of  New  York,  has  informed 
me  that  the  Oneida  tribe  of  Indians  have  proposed  to  sell  a  part  of  their 
land  to  the  said  State,  and  that  the  legislature  at  their  late  session  author- 
ized the  purchase,  and  to  accomplish  this  object  the  governor  has  desired 
that  a  commissioner  may  be  appointed  to  hold  a  treaty  with  the  Oneida 
tribe  of  Indians,  at  which  the  agents  of  the  State  of  New  York  may  agree 
with  them  on  the  terms  of  the  purchase.  I  therefore  nominate  Joseph 
Hopkinson,  esq.,  of  Pennsylvania,  to  be  the  commissioner  to  hold  a  treaty 
with  the  said  Oneida  tribe  of  Indians  for  the  purpose  above  mentioned. 

JOHN  ADAMS. 


United  States, /z^w^  21,  1798. 
Gentlemen  of  the  Senate  and  Gentleme?i  of  the  House  of  Representatives: 

While  I  congratulate  you  on  the  arrival  of  General  Marshall,  one  of 
our  late  envoys  extraordinary  to  the  French  Republic,  at  a  place  of  safety, 
where  he  is  justly  held  in  honor,  I  think  it  my  duty  to  communicate  to 
you  a  letter  received  by  him  from  Mr.  Gerry,  the  only  one  of  the  three 
who  has  not  received  his  conge.  This  letter,  together  with  another  from 
the  minister  of  foreign  relations  to  him  of  the  3d  of  April,  and  his  answer 
of  the  4th,  will  shew  the  situation  in  which  he  remains — his  intentions 
and  prospects. 

I  presume  that  before  this  time  he  has  received  fresh  instructions  (a 
copy  of  which  accompanies  this  message)  to  consent  to  no  loans,  and 
therefore  the  negotiation  may  be  considered  at  an  end. 

I  will  never  send  another  minister  to  France  without  assurances  that 
he  will  be  received,  respected,  and  honored  as  the  representative  of  a 
great,  free,  powerful,  and  independent  nation. 

JOHN  ADAMS. 


United  States,  fune  27,  1798. 
Gentlemen  of  the  Senate  and  Gentlemen  of  the  House  of  Representatives: 

I  have  received  a  letter  from  His  Excellency  Thomas  Miflflin,  gov- 
ernor of  Pennsylvania,  inclosing  some  documents  which  I  judge  it  my 
duty  to  lay  before  Congress  without  loss  of  time. 

As  my  opinion  coincides  entirely  with  that  of  his  excellency  the  gov- 
ernor, I  recommend  the  subject  to  the  consideration  of  both  Houses  of 
Congress,  whose  authority  alone  appears  to  me  adequate  to  the  occasion. 

JOHN  ADAMS. 


John  Adams  267 

United  States,  July  2,  1798. 
Gentlemen  oj  the  Senate: 

I  nominate  George  Washington,  of  Mount  Vernon,  to  be  L,ieutenant- 
General  and  Commander  in  Chief  of  all  the  armies  raised  or  to  be  raised 
in  the  United  States. 

JOHN  ADAMS. 

United  States,  July  ij,  1798. 
Gentlemen  oJ  the  Senate: 

A  resolution  of  both  Houses  of  Congress  authorizing  an  adjournment 
on  Monday,  the  i6th  of  this  month,  has  been  laid  before  me.  Sensible  of 
the  severity  of  the  service  in  so  long  a  session,  it  is  with  great  reluctance 
that  I  find  myself  obliged  to  offer  any  consideration  which  may  operate 
against  the  inclinations  of  the  members;  but  certain  measures  of  Execu- 
tive authority  which  will  require  the  consideration  of  the  Senate,  and 
which  can  not  be  matured,  in  all  probability,  before  Monday  or  Tues- 
day, oblige  me  to  request  of  the  Senate  that  they  would  continue  their 
session  until  Wednesday  or  Thursday. 

JOHN  ADAMS. 

United  States,  Jtdy  17,  1798. 
Gentlemen  oJ  the  Senate: 

Believing  that  the  letter  received  this  morning  from  General  Washing- 
ton will  give  high  satisfaction  to  the  Senate,  I  transmit  them  a  copy  of  it, 
and  congratulate  them  and  the  public  on  this  great  event — the  General's 
acceptance  of  his  appointment  as  Lieutenant -General  and  Commander  in 

Chief  of  the  Army. 

JOHN  ADAMS. 

Mount  Vernon,  J^ily  ij,  1798- 
John  Adams, 

President  of  the  United  States. 

Dear  Sir:  I  had  the  honor,  on  the  evening  of  the  nth  instant,  to  receive  from 
the  hands  of  the  Secretary  of  War  your  favor  of  the  7th,  announcing  tliat  you  had, 
with  the  advice  and  consent  of  the  Senate,  appointed  nie  "Lieutenant-General  and 
Commander  in  Chief  of  all  the  armies  raised  or  to  be  raised  for  the  service  of  the 
United  States." 

I  can  not  express  how  greatly  affected  I  am  at  this  new  proof  of  public  confidence 
and  the  highly  flattering  manner  in  which  you  have  been  pleased  to  make  the  com- 
munication. At  the  same  time  I  must  not  conceal  from  you  my  earnest  ■wish  that  the 
choice  had  fallen  upon  a  man  less  declined  in  years  and  better  qualified  to  encounter 
the  usual  vicissitudes  of  war. 

You  know,  sir,  what  calculation  I  had  made  relative  to  the  probable  course  of 
events  on  my  retiring  from  office,  and  the  determination  I  had  consoled  myself  with 
of  closing  the  remnant  of  my  days  in  my  present  peaceful  abode.  You  will  therefore  be 
at  no  loss  to  conceive  and  appreciate  the  sensations  I  must  have  experienced  to  bring 
my  mind  to  any  conclusion  that  would  pledge  me,  at  so  late  a  period  of  life,  to  leave 
scenes  I  sincerely  love  to  enter  upon  the  boundless  field  of  public  action,  incessant 
trouble,  and  high  responsibility. 


268  Messages  and  Papers  of  the  Presidents 

It  was  not  possible  for  me  to  remain  ig^norant  of  or  indifferent  to  recent  transac- 
tions. The  conduct  of  the  Directory  of  France  toward  our  country,  their  insidious 
hostility  to  its  Government,  tlieir  various  practices  to  withdraw  the  affections  of  the 
people  from  it,  the  evident  tendency  of  their  acts  and  those  of  their  agents  to  coun- 
tenance and  invigorate  opposition,  their  disregard  of  solemn  treaties  and  the  laws  of 
nations,  tlieir  war  upon  olir  defenseless  commerce,  their  treatment  of  our  ministers 
of  peace,  and  their  demands  amounting  to  tribute  could  not  fail  to  excite  in  me  cor- 
responding sentiments  with  those  my  countrymen  have  so  generally  expressed  in 
their  affectionate  addresses  to  you.  Believe  me,  sir,  no  one  can  more  cordially 
approve  of  the  wise  and  prudent  measures  of  your  Administration.  They  ought  to 
inspire  universal  confidence,  and  will  no  doubt,  combined  with  the  state  of  things, 
call  from  Congress  such  laws  and  means  as  will  enable  you  to  meet  the  full  force  and 
extent  of  the  crisis. 

Satisfied,  therefore,  that  you  have  sincerely  wished  and  endeavored  to  avert  war, 
and  exhausted  to  the  last  drop  the  cup  of  reconciliation,  we  can  with  pxu-e  hearts 
appeal  to  Heaven  for  the  justice  of  our  cause,  and  may  confidently  trust  the  final 
result  to  that  kind  Providence  who  has  heretofore  and  so  often  signally  favored  the 
people  of  these  United  States. 

Thinking  in  this  manner,  and  feeling  how  incumbent  it  is  upon  every  person,  of 
every  description,  to  contribute  at  all  times  to  his  country's  welfare,  and  especially 
in  a  moment  like  the  present,  when  everything  we  hold  dear  and  sacred  is  so  seriously 
threatened,  I  have  finally  determined  to  accept  the  commission  of  Commander  in 
Chief  of  the  armies  of  the  United  States,  with  the  reserve  only  that  I  shall  not  be 
called  into  the  field  until  the  Army  is  in  a  situation  to  require  my  presence  or  it 
becomes  indispensable  by  the  urgency  of  circumstances. 

In  making  this  reservation  I  beg  it  to  be  understood  that  I  do  not  mean  to  with- 
hold any  assistance  to  arrange  and  organize  the  Army  which  you  may  think  I  can 
aflford.  I  take  the  liberty  also  to  mention  that  I  must  decline  having  my  acceptance 
considered  as  drawing  after  it  any  immediate  charge  upon  the  public,  or  that  I  can 
receive  any  emoluments  annexed  to  the  appointment  before  entering  into  a  situation 
to  incur  expense. 

The  Secretarj'  of  War  being  anxious  to  rettu-n  to  the  seat  of  Govenoment,  I  have 
detained  him  no  longer  than  was  necessary  to  a  full  communication  upon  the  several 
points  he  had  in  charge. 

With  very  great  respect  and  consideration,  I  have  the  honor  to  be,  dear  sir,  your 
most  obedient  and  humble  servant, 

GO  WASHINGTON. 


PROCLAMATIONS. 

By  the  President  of  the  United  States  of  America. 

a  proclamation. 

As  the  safety  and  prosperity  of  nations  ultimately  and  essentially 
depend  on  the  protection  and  the  blessing  of  Almighty  God,  and  the 
national  acknowledgment  of  this  truth  is  not  only  an  indispensable  duty 
which  the  people  owe  to  Him,  but  a  duty  whose  natural  influence  is 
favorable  to  the  promotion  of  that  morality  and  piety  without  which 
social  happiness  can  not  exist  nor  the  blessings  of  a  free  government  be 


John  Adams  269 

enjoyed;  and  as  this  duty,  at  all  times  incumbent,  is  so  especially  in  sea- 
sons of  difficulty  or  of  danger,  when  existing  or  threatening  calamities, 
the  just  judgments  of  God  against  prevalent  iniquity,  are  a  loud  call  to 
repentance  and  reformation;  and  as  the  United  States  of  America  are  at 
present  placed  in  a  hazardous  and  afflictive  situation  by  the  unfriendly 
disposition,  conduct,  and  demands  of  a  foreign  power,  evinced  by  repeated 
refusals  to  receive  our  messengers  of  reconciliation  and  peace,  by  depre- 
dations on  our  commerce,  and  the  infliction  of  injuries  on  very  many  of 
our  fellow-citizens  while  engaged  in  their  lawful  business  on  the  seas — 
under  these  considerations  it  has  appeared  to  me  that  the  duty  of  implor- 
ing the  mercy  and  benediction  of  Heaven  on  our  country  demands  at 
this  time  a  special  attention  from  its  inhabitants. 

I  have  therefore  thought  fit  to  recommend,  and  I  do  hereby  recom- 
mend, that  Wednesday,  the  9th  day  of  May  next,  be  observed  throughout 
the  United  States  as  a  day  of  solemn  humiliation,  fasting,  and  prayer; 
that  the  citizens  of  these  States,  abstaining  on  that  day  from  their  cus- 
tomary worldly  occupations,  offer  their  devout  addresses  to  the  Father  of 
Mercies  agreeably  to  those  forms  or  methods  which  they  have  severally 
adopted  as  the  most  suitable  and  becoming;  that  all  religious  congrega- 
tions do,  with  the  deepest  humility,  acknowledge  before  God  the  manifold 
sins  and  transgressions  with  which  we  are  justly  chargeable  as  individ- 
uals and  as  a  nation,  beseeching  Him  at  the  same  time,  of  His  infinite 
grace,  through  the  Redeemer  of  the  World,  freely  to  remit  all  our  offenses, 
and  to  incline  us  by  His  Holy  Spirit  to  that  sincere  repentance  and 
reformation  which  may  afford  us  reason  to  hope  for  his  inestimable 
favor  and  heavenly  benediction;  that  it  be  made  the  subject  of  particular 
and  earnest  supplication  that  our  country  may  be  protected  from  all  the 
dangers  which  threaten  it;  that  our  civil  and  religious  privileges  may 
be  preserved  inviolate  and  perpetuated  to  the  latest  generations;  that 
our  public  councils  and  magistrates  may  be  especially  enlightened  and 
directed  at  this  critical  period;  that  the  American  people  may  be  united 
in  those  bonds  of  amity  and  mutual  confidence  and  inspired  with  that 
vigor  and  fortitude  by  which  they  have  in  times  past  been  so  highly 
distinguished  and  by  which  they  have  obtained  such  invaluable  advan- 
tages; that  the  health  of  the  inhabitants  of  our  land  may  be  preser\'ed, 
and  their  agriculture,  commerce,  fisheries,  arts,  and  manufactures  be 
blessed  and  prospered;  that  the  principles  of  genuine  piety  and  sound 
morality  may  influence  the  minds  and  govern  the  lives  of  every  descrip- 
tion of  our  citizens,  and  that  the  blessings  of  peace,  freedom,  and  pure 
religion  may  be  speedily  extended  to  all  the  nations  of  the  earth. 

And  finally,  I  recommend  that  on  the  said  day  the  duties  of  humili- 
ation and  prayer  be  accompanied  by  fer\^ent  thanksgiving  to  the  Bestower 
of  Every  Good  Gift,  not  only  for  His  having  hitherto  protected  and  pre- 
served the  people  of  these  United  States  in  the  independent  enjoyment 
of  their  religious  and  civil  freedom,  but  also  for  having  prospered  them 


270  Messages  and  Papers  of  the  Presidents 

in  a  wonderful  progress  of  population,  and  for  conferring  on  them  many 

and  great  favors  conducive  to  the  happiness  and  prosperity  of  a  nation. 

Given  under  my  hand  and  the  seal  of  the  United  States  of  America, 

at  Philadelphia,  this  23d  day  of  March,  A.  D.  1798,  and  of  the 

LsEAL.J     Independence  of  the  said  States  the  twenty-second. 

JOHN  ADAMS. 
By  the  President: 

Timothy  Pickering, 

Secretary  of  State. 

[From  C.  K.  Adams's  Works  of  John  Adams,  Vol.  IX,  p.  170.] 
PROCLAMATION. 

July  13,  1798. 

The  citizen  Joseph  Philippe  Letombe  having  heretofore  produced  to 
the  President  of  the  United  States  his  commission  as  consul-general  of 
the  French  Republic  within  the  United  States  of  America,  and  another 
commission  as  consul  of  the  French  Republic  at  Philadelphia;  and,  in 
like  manner,  the  citizen  Rosier  having  produced  his  commission  as  vice- 
consul  of  the  French  Republic  at  New  York;  and  the  citizen  Arcambal 
having  produced  his  commission  as  \4ce-consul  of  the  French  Republic 
at  Newport;  and  citizen  Theodore  Charles  Mozard  having  produced 
his  commission  as  consul  of  the  French  RepubUc  within  the  States  of 
New  Hampshire,  Massachusetts,  and  Rhode  Island;  and  the  President 
of  the  United  States  having  thereupon  granted  an  exequatur  to  each  of 
the  French  citizens  above  named,  recognizing  them  in  their  respective 
consular  offices  above  mentioned,  and  declaring  them  respectively  free  to 
exercise  and  enjoy  such  functions,  powers,  and  privileges  as  are  allowed 
to  a  consul-general,  consuls,  and  vice-consuls  of  the  French  Republic  by 
their  treaties,  conventions,  and  laws  in  that  case  made  and  provided;  and 
the  Congress  of  the  United  States,  by  their  act  passed  the  7th  day  of 
July,  1798,  having  declared  "that  the  United  States  are  of  right  freed 
and  exonerated  from  the  stipulations  of  the  treaties  and  of  the  consular 
convention  heretofore  concluded  between  the  United  States  and  France, 
and  that  the  same  shall  not  henceforth  be  regarded  as  legally  obligatory 
on  the  Government  or  citizens  of  the  United  States, ' '  and  by  a  former 
act,  passed  the  13th  day  of  May,  1798,  the  Congress  of  the  United  States 
having  "suspended  the  commercial  intercourse  between  the  United 
States  and  France  and  the  dependencies  thereof,"  which  commercial 
intercourse  was  the  direct  and  chief  object  of  the  consular  estabhshment; 
and 

Whereas  actual  hostilities  have  long  been  practiced  on  the  commerce 
of  the  United  States  by  the  cruisers  of  the  French  Republic  under  the 
orders  of  its  Government,  which  orders  that  Government  refuses  to 
revoke  or  relax;  and  hence  it  has  become  improper  any  longer  to  allow 
the  consul-general,  consuls,  and  vice-consuls  of  the  French  Republic 


John  Adams  271 

above  named,  or  any  of  its  consular  persons  or  agents  heretofore  admitted 
in  these  United  States,  any  longer  to  exercise  their  consular  functions: 

These  are  therefore  to  declare  that  I  do  no  longer  recognize  the  said 
citizen  L,etombe  as  consul-general  or  consul,  nor  the  said  citizens  Rosier 
and  Arcambal  as  vice-consuls,  nor  the  said  citizen  Mozard  as  consul  of 
the  French  Republic  in  any  part  of  these  United  States,  nor  permit 
them  or  any  other  consular  persons  or  agents  of  the  French  Republic 
heretofore  admitted  in  the  United  States  to  exercise  their  functions  as 
such;  and  I  do  hereby  wholly  revoke  the  exequaturs  heretofore  given  to 
them  respectively,  and  do  declare  them  absolutely  null  and  void  from 
this  day  forward. 

In  testimony  whereof,  etc. 

JOHN  ADAMS. 


SECOND  ANNUAL  ADDRESS. 

United  States,  Decembers,  1798. 
Gentlemen  of  the  Senate  and  Gentlemen  of  the  House  of  Representatives: 

While  with  reverence  and  resignation  we  contemplate  the  dispensations 
of  Divine  Providence  in  the  alarming  and  destructiv^e  pestilence  with  which 
several  of  our  cities  and  towns  have  been  visited,  there  is  cause  for  grati- 
tude and  mutual  congratulations  that  the  malady  has  disappeared  and 
that  we  are  again  permitted  to  assemble  in  safety  at  the  seat  of  Govern- 
ment for  the  discharge  of  our  important  duties.  But  when  we  reflect  that 
this  fatal  disorder  has  within  a  few  years  made  repeated  ravages  in  some 
of  our  principal  seaports,  and  with  increased  malignancy,  and  when  we 
consider  the  magnitude  of  the  evils  arising  from  the  interruption  of  pub- 
lic and  private  business,  whereby  the  national  interests  are  deeply  affected, 
I  think  it  my  duty  to  invite  the  Legislature  of  the  Union  to  examine  the 
expediency  of  establishing  suitable  regulations  in  aid  of  the  health  laws 
of  the  respective  States;  for  these  being  formed  on  the  idea  that  con- 
tagious sickness  may  be  communicated  through  the  channels  of  commerce, 
there  seems  to  be  a  necessity  that  Congress,  who  alone  can  regulate  trade, 
should  frame  a  system  which,  while  it  may  tend  to  preserve  the  general 
health,  may  be  compatible  with  the  interests  of  commerce  and  the  safety 
of  the  revenue. 

While  we  think  on  this  calamity  and  sympathize  with  the  immediate 
sufferers,  we  have  abundant  reason  to  present  to  the  Supreme  Being  our 
annual  oblations  of  gratitude  for  a  liberal  participation  in  the  ordinary 
blessings  of  His  providence.  To  the  usual  subjects  of  gratitude  I  can  not 
omit  to  add  one  of  the  first  importance  to  our  well-being  and  safety;  I 
mean  that  spirit  which  has  arisen  in  our  country  against  the  menaces  and 
aggression  of  a  foreign  nation.     A  manly  sense  of  national  honor,  dignity, 


272  Messages  and  Papers  of  the  Presidents 

and  independence  has  appeared  which,  if  encouraged  and  invigorated 
by  ever>-  branch  of  the  Government,  will  enable  us  to  view  undismayed 
the  enterprises  of  any  foreign  power  and  become  the  sure  foundation 
of  national  prosperity  and  glorj-. 

The  course  of  the  transactions  in  relation  to  the  United  States  and 
France  which  have  come  to  my  knowledge  during  your  recess  will  be  made 
the  subject  of  a  future  communication.  That  communication  will  con- 
firm the  ultimate  failure  of  the  measures  which  have  been  taken  by  the 
Government  of  the  United  States  toward  an  amicable  adjustment  of  dif- 
ferences with  that  power.  You  will  at  the  same  time  perceive  that  the 
French  Gov^emment  appears  solicitous  to  impress  the  opinion  that  it  is 
averse  to  a  rupture  with  this  country,  and  that  it  has  in  a  qualified  man- 
ner declared  itself  willing  to  receive  a  minister  from  the  United  States 
for  the  purpose  of  restoring  a  good  understanding.  It  is  unfortunate  for 
professions  of  this  kind  that  they  should  be  expressed  in  terms  which 
may  countenance  the  inadmissible  pretension  of  a  right  to  prescribe  the 
qualifications  which  a  minister  from  the  United  States  should  possess, 
and  that  while  France  is  asserting  the  existence  of  a  disposition  on  her 
part  to  conciliate  with  sincerity  the  differences  which  have  arisen,  the 
sincerity  of  a  like  disposition  oh  the  part  of  the  United  States,  of  which 
so  many  demonstrative  proofs  have  been  given,  should  even  be  indirectly 
questioned.  It  is  also  worthy  of  observ^ation  that  the  decree  of  the 
Directory  alleged  to  be  intended  to  restrain  the  depredations  of  French 
cruisers  on  our  commerce  has  not  given,  and  can  not  give,  any  relief.  It 
enjoins  them  to  conform  to  all  the  laws  of  France  relative  to  cruising  and 
prizes,  while  these  laws  are  themselves  the  sources  of  the  depredations  of 
which  we  have  so  long,  so  justly,  and  so  fruitlessly  complained. 

The  law  of  France  enacted  in  January  last,  which  subjects  to  capture 
and  condemnation  neutral  vessels  and  their  cargoes  if  any  portion  of  the 
latter  are  of  British  fabric  or  produce,  although  the  entire  property  belong 
to  neutrals,  instead  of  being  rescinded  has  lately  received  a  confirma- 
tion by  the  failure  of  a  proposition  for  its  repeal.  While  this  law,  which 
is  an  unequivocal  act  of  war  on  the  commerce  of  the  nations  it  attacks, 
continues  in  force  those  nations  can  see  in  the  French  Government  only 
a  power  regardless  of  their  essential  rights,  of  their  independence  and 
sovereignty;  and  if  they  possess  the  means  they  can  reconcile  nothing 
with  their  interest  and  honor  but  a  firm  resistance. 

Hitherto,  therefore,  nothing  is  discoverable  in  the  conduct  of  France 
which  ought  to  change  or  relax  our  measures  of  defense.  On  the  con- 
trary, to  extend  and  invigorate  them  is  our  true  policy.  We  have  no 
reason  to  regret  that  these  measures  have  been  thus  far  adopted  and 
pursued,  and  in  proportion  as  we  enlarge  our  view  of  the  portentous  and 
incalculable  situation  of  Europe  we  shall  discover  new  and  cogent  motives 
for  the  full  development  of  our  energies  and  resources. 

But  in  demonstrating  by  our  conduct  that  we  do  not  fear  war  in  the 


Joh7i  Adams  273 

necessary  protection  of  our  rights  and  honor  we  shall  give  no  room  to 
infer  that  we  abandon  the  desire  of  peace.  An  efficient  preparation  for 
war  can  alone  insure  peace.  It  is  peace  that  we  have  uniformly  and 
perseveringly  cultivated,  and  harmony  between  us  and  France  may  be 
restored  at  her  option.  But  to  send  another  minister  without  more 
determinate  assurances  that  he  would  be  received  would  be  an  act  of 
humiliation  to  which  the  United  States  Ought  not  to  submit.  It  must 
therefore  be  left  with  France  (if  she  is  indeed  desirous  of  accommoda- 
tion) to  take  the  requisite  steps.  The  United  States  will  steadily  observe 
the  maxims  by  which  they  have  hitherto  been  governed.  They  will 
respect  the  sacred  rights  of  embassy;  and  with  a  sincere  disposition  on 
the  part  of  France  to  desist  from  hostility,  to  make  reparation  for  the 
injuries  heretofore  inflicted  on  our  commerce,  and  to  do  justice  in  future, 
there  will  be  no  obstacle  to  the  restoration  of  a  friendly  intercourse.  In 
making  to  you  this  declaration  I  give  a  pledge  to  France  and  the  world 
that  the  Executive  authority  of  this  country  still  adheres  to  the  humane 
and  pacific  policy  which  has  invariably  governed  its  proceedings,  in 
conformity  with  the  wishes  of  the  other  branches  of  the  Government 
and  of  the  people  of  the  United  States.  But  considering  the  late  mani- 
festations of  her  policy  toward  foreign  nations,  I  deem  it  a  duty  deliber- 
ately and  solemnly  to  declare  my  opinion  that  whether  we  negotiate  vA'Ca 
her  or  not,  vigorous  preparations  for  war  will  be  alike  indispensable. 
These  alone  will  give  to  us  an  equal  treaty  and  insure  its  obser\^ance. 

Among  the  measures  of  preparation  which  appear  expedient,  I  take  the 
liberty  to  recall  your  attention  to  the  naval  establishment.  The  beneficial 
effects  of  the  small  naval  armament  provided  under  the  acts  of  the  last 
session  are  known  and  acknowledged.  Perhaps  no  country  ever  expe- 
rienced more  sudden  and  remarkable  advantages  from  any  measure  of 
policy  than  we  have  derived  from  the  arming  for  our  maritime  protection 
and  defense.  We  ought  without  loss  of  time  to  lay  the  foundation  for 
an  increase  of  our  Navy  to  a  size  sufficient  to  guard  our  coast  and  protect 
our  trade.  Such  a  naval  force  as  it  is  doubtless  in  the  power  of  the 
United  States  to  create  and  maintain  would  also  afford  to  them  the  best 
means  of  general  defense  by  facilitating  the  safe  transportation  of  troops 
and  stores  to  every  part  of  our  extensive  coast.  To  accomplish  this  impor- 
tant object,  a  prudent  foresight  requires  that  systematical  measures  be 
adopted  for  procuring  at  all  times  the  requisite  timber  and  other  supplies. 
In  what  manner  this  shall  be  done  I  leave  to  your  consideration. 

I  w411  now  advert,  gentlemen,  to  some  matters  of  less  moment,  but 
proper  to  be  communicated  to  the  National  Legislature. 

After  the  Spanish  garrisons  had  evacuated  the  posts  they  occupied  at 
the  Natchez  and  Walnut  Hills  the  commissioner  of  the  United  States 
commenced  his  observations  to  ascertain  the  point  near  the  Mississippi 
which  terminated  the  northernmost  part  of  the  thirt}'-first  degree  of  north 
latitude.  From  thence  he  proceeded  to  run  the  boundar\-  line  between 
M  P— vol,  I— 18 


274  Messages  and  Papers  of  the  Presidents 

the  United  States  and  Spain.  He  was  afterwards  joined  by  the  Spanish 
commissioner,  when  the  work  of  the  former  was  confirmed,  and  they  pro- 
ceeded together  to  the  demarcation  of  the  hne.  Recent  information  ren- 
ders it  probable  that  the  Southern  Indians,  either  instigated  to  oppose 
the  demarcation  or  jealous  of  the  consequences  of  suffering  white  people  to 
nm  a  line  over  lands  to  which  the  Indian  title  had  not  been  extinguished, 
have  ere  this  time  stopped  the  progress  of  the  commissioners;  and  con- 
sidering the  mischiefs  which  may  result  from  continuing  the  demarcation 
in  opposition  to  the  will  of  the  Indian  tribes,  the  great  expense  attending 
it,  and  that  the  boundaries  which  the  commissioners  have  actually  estab- 
lished probably  extend  at  least  as  far  as  the  Indian  title  has  been  extin- 
guished, it  will  perhaps  become  expedient  and  necessary  to  suspend 
further  proceedings  by  recalling  our  commissioner. 

The  commissioners  appointed  in  pursuance  of  the  fifth  article  of  the 
treaty  of  amity,  commerce,  and  navigation  between  the  United  States 
and  His  Britannic  Majesty  to  determine  what  river  was  truly  intended 
under  the  name  of  the  river  St.  Croix  mentioned  in  the  treaty  of  peace, 
and  forming  a  part  of  the  boundary  therein  described,  have  finally  decided 
that  question.  On  the  25th  of  October  they  made  their  declaration  that 
a  river  called  Scoodiac,  which  falls  into  Passamaquoddj^  Bay  at  its  north- 
western quarter,  was  the  true  St.  Croix  intended  in  the  treaty  of  peace, 
as  far  as  its  great  fork,  where  one  of  its  streams  comes  from  the  westward 
and  the  other  from  the  northward,  and  that  the  latter  stream  is  the  con- 
tinuation of  the  St.  Croix  to  its  vSource.  This  decision,  it  is  understood, 
will  preclude  all  contention  among  individual  claimants,  as  it  seems  that 
the  Scoodiac  and  its  northern  branch  bound  the  grants  of  land  which 
have  been  made  by  the  respective  adjoining  Governments.  A  subordi- 
nate question,  however,  it  has  been  suggested,  still  remains  to  be  deter- 
mined. Between  the  mouth  of  the  St.  Croix  as  now  settled  and  what  is 
usually  called  the  Bay  of  Fundy  lie  a  number  of  valuable  islands.  The 
commissioners  have  not  continued  the  boundary  line  through  any  channel 
of  these  islands,  and  unless  the  bay  of  Passamaquoddy  be  a  part  of  the 
Bay  of  Fund}'^  this  further  adjustment  of  boundary  will  be  necessary. 
But  it  is  apprehended  that  this  will  not  be  a  matter  of  any  difficulty. 

Such  progress  has  been  made  in  the  examination  and  decision  of  cases 
of  captures  and  condemnations  of  American  vessels  which  were  the  sub- 
ject of  the  seventh  article  of  the  treaty  of  amity,  commerce,  and  naviga- 
tion tetween  the  United  States  and  Great  Britain  that  it  is  supposed  the 
commissioners  will  be  able  to  bring  their  business  to  a  conclusion  in 
August  of  the  ensuing  year. 

The  commissioners  acting  under  the  twenty-fifth  article  of  the  treaty 
between  the  United  States  and  Spain  have  adjusted  most  of  the  claims  of 
our  citizens  for  losses  sustained  in  consequence  of  their  vessels  and  car- 
goes having  been  taken  by  the  subjects  of  His  Cathohc  Majesty  during 
the  late  war  between  France  and  Spain. 


John  Adams  275 

Various  circumstances  have  concurred  to  delay  the  execution  of  the 
law  for  augmenting  the  military  establishment,  among  these  the  desire 
of  obtaining  the  fullest  information  to  direct  the  best  selection  of  officers. 
As  this  object  will  now  be  speedily  accomplished,  it  is  expected  that  the 
raising  and  organizing  of  the  troops  will  proceed  without  obstacle  and 
with  effect. 

Gentlemen  of  the  House  of  Representatives: 

I  have  directed  an  estimate  of  the  appropriations  which  will  be  neces- 
sary for  the  service  of  the  ensuing  year  to  be  laid  before  you,  accom- 
panied with  a  view  of  the  public  receipts  and  expenditures  to  a  recent 
period.  It  will  afford  you  satisfaction  to  infer  the  great  extent  and 
solidity  of  the  public  resources  from  the  prosperous  state  of  the  finances, 
notwithstanding  the  unexampled  embarrassments  which  have  attended 
commerce.  When  you  reflect  on  the  conspicuous  examples  of  patriot- 
ism and  liberality  which  have  been  exhibited  by  our  mercantile  fellow- 
citizens,  and  how  great  a  proportion  of  the  public  resources  depends  on 
their  enterprise,  you  will  naturally  consider  whether  their  convenience 
can  not  be  promoted  and  reconciled  with  the  security  of  the  revenue  by  a 
revision  of  the  system  by  which  the  collection  is  at  present  regulated. 

During  your  recess  measures  have  been  steadily  pursued  for  effecting 
the  valuations  and  returns  directed  by  the  act  of  the  last  session,  prelim- 
inary to  the  assessment  and  collection  of  a  direct  tax.  No  other  delays 
or  obstacles  have  been  experienced  except  such  as  were  expected  to 
arise  from  the  great  extent  of  our  country  and  the  magnitude  and  novelty 
of  the  operation,  and  enough  has  been  accomplished  to  assure  a  fulfill- 
ment of  the  views  of  the  lyCgislature. 

Gentlemen  of  the  Senate  and  Gentlemen  of  the  House  of  Represe?itatives: 

I  can  not  close  this  address  without  once  more  adverting  to  our  polit- 
ical situation  and  inculcating  the  essential  importance  of  uniting  in  the 
maintenance  of  our  dearest  interests;  and  I  trust  that  by  the  temper 
and  wisdom  of  your  proceedings  and  by  a  harmony  of  measures  we 
shall  secure  to  our  country  that  weight  and  respect  to  which  it  is  so 
justly  entitled.  ^  jqHj^  ADAMS. 

ADDRESS  OF  THE  SENATE  TO  JOHN  ADAMS,  PRESIDENT  OF  THE 

UNITED  STATES. 

The  President  of  the  United  States. 

Sir:  The  Senate  of  the  United  States  join  you  in  thanks  to  Almighty 
God  for  the  removal  of  the  late  afflicting  dispensations  of  His  providence 
and  for  the  patriotic  spirit  and  general  prosperity  of  ovu"countr)'.  S>Tnpa- 
thy  for  the  sufferings  of  our  fellow-citizens  from  disease  and  the  impor- 
tant interests  of  the  Union  demand  of  the  National  Legislature  a  ready 


276  Messages  and  Papers  of  the  Presidents 

cooperation  with  the  State  governments  in  the  use  of  such  means  as  seem 
best  calculated  to  prevent  the  return  of  this  fatal  calamity. 

Although  we  have  sincerely  wished  that  an  adjustment  of  our  differ- 
ences with  the  Republic  of  France  might  be  effected  on  safe  and  honor- 
able terms,  yet  the  information  you  have  given  us  of  the  ultimate  failure 
of  the  negotiation  has  not  surprised  us.  In  the  general  conduct  of  that 
Republic  we  have  seen  a  design  of  universal  influence  incompatible  with 
the  self-government  and  destructive  of  the  independence  of  other  States. 
In  its  conduct  toward  these  United  States  we  have  seen  a  plan  of  hostility 
pursued  with  unremitted  constancy,  equally  disregarding  the  obligations 
of  treaties  and  the  rights  of  individuals.  We  have  seen  two  embassies, 
formed  for  the  purpose  of  mutual  explanations  and  clothed  with  the  most 
extensive  and  liberal  powers,  dismissed  without  recognition  and  even 
without  a  hearing.  The  Government  of  France  has  not  only  refused 
to  repeal  but  has  recently  enjoined  the  observance  of  its  former  edict 
respecting  merchandise  of  British  fabric  or  produce  the  property  of  neu- 
trals, by  which  the  interruption  of  our  lawful  commerce  and  the  spolia- 
tion of  the  property  of  our  citizens  have  again  received  a  public  sanction. 
These  facts  indicate  no  change  of  system  or  disposition;  they  speak  a 
more  intelligible  language  than  professions  of  solicitude  to  avoid  a  rup- 
ture, however  ardently  made.  But  if,  after  the  repeated  proofs  we  have 
given  of  a  sincere  desire  for  peace,  these  professions  should  be  accompa- 
nied by  insinuations  implicating  the  integrity  with  which  it  has  been 
pursued;  if,  neglecting  and  passing  by  the  constitutional  and  authorized 
agents  of  the  Government,  they  are  made  through  the  medium  of  indi- 
viduals without  public  character  or  authority,  and,  above  all,  if  they  carry 
with  them  a  claim  to  prescribe  the  political  qualifications  of  the  minister 
of  the  United  States  to  be  employed  in  the  negotiation,  they  are  not  enti- 
tled to  attention  or  consideration,  but  ought  to  be  regarded  as  designed 
to  separate  the  people  from  their  Government  and  to  bring  about  by 
intrigue  that  which  open  force  could  not  effect. 

We  are  of  opinion  with  you,  sir,  that  there  has  nothnig  3^et  been  dis- 
covered in  the  conduct  of  France  which  can  justify  a  relaxation  of  the 
means  of  defense  adopted  during  the  last  session  of  Congress,  the  happy 
result  of  which  is  so  strongly  and  generally  marked.  If  the  force  by  sea 
and  land  which  the  existing  laws  authorize  should  be  judged  inadequate 
to  the  public  defense,  we  will  perform  the  indispensable  duty  of  bringing 
forward  such  other  acts  as  will  effectually  call  forth  the  resources  and 
force  of  our  countr>% 

A  steady  adherence  to  this  wise  and  manly  policy,  a  proper  direction 
of  the  noble  spirit  of  patriotism  which  has  arisen  in  our  country,  and 
which  ought  to  be  cherished  and  invigorated  by  every  branch  of  the 
Government,  will  secure  our  liberty  and  independence  against  all  open 
and  secret  attacks. 

We  enter  on  the  business  of  the  present  session  with  an  anxious  solici- 


John  Adams  277 

tude  for  the  public  good,  and  shall  bestow  that  consideration  on  the 
several  objects  pointed  out  in  your  communication  which  they  respec- 
tively merit. 

Your  long  and  important  services,  your  talents  and  firmness,  so  often 
displayed  in  the  most  trying  times  and  most  critical  situations,  afford  a 
sure  pledge  of  a  zealous  cooperation  in  every  measure  necessary  to  secure 
us  justice  and  respect. 

JOHN  IvAURANCE, 
President  of  the  Seyiate  pro  tempore. 

December  h,  1798. 

reply  of  the  president. 

December  12,  1798. 
To  the  Senate  of  the  United  States. 

Gentlemen:  I  thank  you  for  this  address,  so  conformable  to  the 
spirit  of  our  Constitution  and  the  established  character  of  the  Senate  of 
the  United  States  for  wisdom,  honor,  and  virtue. 

I  have  seen  no  real  evidence  of  any  change  of  system  or  disposition  in 
the  French  Republic  toward  the  United  States.  Although  the  officious 
interference  of  individuals  without  public  character  or  authority  is  not 
entitled  to  any  credit,  yet  it  deserves  to  be  considered  whether  that  temer- 
ity and  impertinence  of  individuals  affecting  to  interfere  in  public  affairs 
between  France  and  the  United  States,  whether  by  their  secret  corre- 
spondence or  otherwise,  and  intended  to  impose  upon  the  people  and 
separate  them  from  their  Government,  ought  not  to  be  inquired  into  and 
corrected. 

I  thank  you,  gentlemen,  for  your  assurances  that  you  will  bestow  that 
consideration  on  the  several  objects  pointed  out  in  my  communication 
which  they  respectively  merit. 

If  I  have  participated  in  that  understanding,  sincerity,  and  constancy 
which  have  been  displayed  by  my  fellow-citizens  and  countr>'men  in  the 
most  trying  times  and  critical  situations,  and  fulfilled  my  duties  to  them, 
I  am  happy.  The  testimony  of  the  Senate  of  the  United  States  in  my 
favor  is  an  high  and  honorable  reward,  which  receives,  as  it  merits,  my 
grateful  acknowledgments.  My  zealous  cooperation  in  measures  neces- 
sary to  secure  us  justice  and  consideration  may  be  always  depended  on. 

JOHN  ADAMS. 

ADDRESS  OF  THE  HOUSE  OF  REPRESENTATIVES  TO  JOHN  ADAMS, 
PRESIDENT  OF  THE  UNITED  STATES. 

John  Adams, 

President  of  the  United  States. 
Sir  :  The  House  of  Representatives  unite  with  you  in  deploring  the 
effects  of  the  desolating  malady  by  which  the  seat  of  Government  and 


278  Messages  and  Papers  of  the  Presidents 

other  parts  of  our  country  have  recently  Ijeen  visited.  In  calhng  our 
attention  to  the  fatahty  of  its  repeated  ravages  and  inviting  us  to  consider 
the  expediency  of  exercising  our  constitutional  powers  in  aid  of  the 
health  laws  of  the  respective  States,  your  recommendation  is  sanctioned 
by  the  dictates  of  humanity  and  liberal  policy.  On  this  interesting  sub- 
ject we  feel  the  necessity  of  adopting  every  wise  expedient  for  preventing 
a  calamity  so  distressing  to  individual  sufferers  and  so  prejudicial  to  our 
national  commerce. 

That  our  finances  are  in  a  prosperous  state  notwithstanding  the  com- 
mercial derangements  resulting  from  this  calamity  and  from  external 
embarrassments  is  a  satisfactory  manifestation  of  the  great  extent  and 
solidity  of  the  public  resources.  Connected  with  this  situation  of  our 
fiscal  concerns,  the  assurance  that  the  legal  provisions  for  obtaining 
revenue  by  direct  taxation  will  fulfill  the  views  of  the  Legislature  is 
pecuharly  acceptable. 

Desirous  as  we  are  that  all  causes  of  hostility  may  be  removed  by  the 
amicable  adjustment  of  national  differences,  we  learn  with  satisfaction 
that  in  pursuance  of  our  treaties  with  Spain  and  with  Great  Britain 
advances  have  been  made  for  definitively  settling  the  controversies  rela- 
tive to  the  southern  and  northeastern  limits  of  the  United  States.  With 
similar  sentiments  have  we  received  your  information  that  the  proceed- 
ings under  commissions  authorized  by  the  same  treaties  afford  to  a  respect- 
able portion  of  our  citizens  the  prospect  of  a  final  decision  on  their  claims 
for  maritime  injuries  committed  by  subjects  of  those  powers. 

It  would  be  the  theme  of  mutual  felicitation  were  we  assm"ed  of  expe- 
riencing similar  moderation  and  justice  from  the  French  Republic,  between 
which  and  the  United  States  differences  have  unhappily  arisen;  but  this 
is  denied  us  by  the  ultimate  failure  of  the  measures  which  have  been 
taken  by  this  Government  toward  an  amicable  adjustment  of  those  differ- 
ences and  by  the  various  inadmissible  pretensions  on  the  part  of  that 
nation. 

The  continuing  in  force  the  decree  of  January  last,  to  which  you  have 
more  particularly  pointed  our  attention,  ought  of  itself  to  be  consid- 
ered as  demonstrative  of  the  real  intentions  of  the  French  Government. 
That  decree  proclaims  a  predatory  warfare  against  the  unquestionable 
rights  of  neutral  commerce  which  with  our  means  of  defense  our  inter- 
est and  our  honor  command  us  to  repel.  It  therefore  now  becomes  the 
United  States  to  be  as  determined  in  resistance  as  they  have  been  patient 
in  suffering  and  condescending  in  negotiation. 

While  those  who  direct  the  affairs  of  France  persist  in  the  enforcement 
of  decrees  so  hostile  to  our  essential  rights,  their  conduct  forbids  us  to 
confide  in  any  of  their  professions  of  amity. 

As,  therefore,  the  conduct  of  France  hitherto  exhibits  nothing  which 
ought  to  change  or  relax  our  measures  of  defense,  the  policy  of  extending 
and  invigorating  those  measures  demands  our  sedulous  attention.     The 


John  Adams  279 

sudden  and  remarkable  advantages  which  this  country  has  experienced 
from  a  small  naval  armament  sufficiently  prove  the  utihty  of  its  estabr 
lishment.  As  it  respects  the  guarding  of  our  coast,  the  protection  of  our 
trade,  and  the  facility  of  safely  transporting  the  means  of  territorial 
defense  to  every  part  of  our  maritime  frontier,  an  adequate  naval  force 
must  be  considered  as  an  important  object  of  national  policy.  Nor  do 
we  hesitate  to  adopt  the  opinion  that,  whether  negotiations  with  France 
are  resumed  or  not,  vigorous  preparations  for  war  will  be  alike  indispen- 
sable. 

In  this  conjuncture  of  affairs,  while  with  you  we  recognize  our  abun- 
dant cause  of  gratitude  to  the  Supreme  Disposer  of  Events  for  the  ordi- 
nary blessings  of  Providence,  we  regard  as  of  high  national  importance 
the  manifestation  in  our  country  of  a  magnanimous  spirit  of  resistance  to 
foreign  domination.  This  spirit  merits  to  be  cherished  and  invigorated 
by  every  branch  of  Government  as  the  estimable  pledge  of  national  pros- 
perity and  glory. 

Disdaining  a  reliance  on  foreign  protection,  wanting  no  foreign  guar- 
anty of  our  liberties,  resolving  to  maintain  our  national  independence 
against  every  attempt  to  despoil  us  of  this  inestimable  treasure,  we  con- 
fide under  Providence  in  the  patriotism  and  energies  of  the  people  of 
these  United  States  for  defeating  the  hostile  enterprises  of  any  foreign 
power. 

To  adopt  with  prudent  foresight  such  systematical  measures  as  may 
be  expedient  for  calling  forth  those  energies  wherever  the  national  exi- 
gencies may  require,  whether  on  the  ocean  or  on  our  own  territory,  and  to 
reconcile  with  the  proper  security  of  revenue  the  convenience  of  mercan- 
tile enterprise,  on  which  so  great  a  proportion  of  the  public  resources 
depends,  are  objects  of  moment  which  shall  be  duly  regarded  in  the 
course  of  our  deUberations. 

Fully  as  we  accord  with  you  in  the  opinion  that  the  United  States 
ought  not  to  submit  to  the  humiliation  of  sending  another  minister  to 
France  without  previous  assurances  sufficiently  determinate  that  he  will 
be  duly  accredited,  we  have  heard  with  cordial  approbation  the  declara- 
tion of  your  purpose  steadily  to  observe  those  maxims  of  humane  and 
pacific  policy  by  which  the  United  States  have  hitherto  been  governed. 
While  it  is  left  with  France  to  take  the  requisite  steps  for  accommoda- 
tion, it  is  worthy  the  Chief  Magistrate  of  a  free  people  to  make  known  to 
the  world  that  justice  on  the  part  of  France  will  annihilate  every  obstacle 
to  the  restoration  of  a  friendly  intercourse,  and  that  the  Executive 
authority  of  this  country  will  respect  the  sacred  rights  of  embassy.  At 
the  same  time,  the  wisdom  and  decision  which  have  characterized  your 
past  Administration  assure  us  that  no  illusorj-  professions  will  seduce 
you  into  any  abandonment  of  the  rights  which  belong  to  the  United 
States  as  a  free  and  independent  nation. 

December  13,  1798. 


28o  Messages  and  Papers  of  the  Presidents 

REPLY  OF  THE  PRESIDENT. 

December  14,  1798. 
To  the  House  0/  Representatives  of  the  United  States  of  America. 

Gentlemen  :  My  sincere  ackuowledgments  are  due  to  the  House  of 
Representatives  of  the  United  States  for  this  excellent  address  so  conso- 
nant to  the  character  of  representatives  of  a  great  and  free  people.  The 
judgment  and  feelings  of  a  nation,  I  beheve,  were  never  more  truly 
expressed  by  their  representatives  than  those  of  our  constituents  by  your 
decided  declaration  that  with  our  means  of  defense  our  interest  and  honor 
command  us  to  repel  a  predatory  warfare  against  the  unquestionable 
rights  of  neutral  commerce;  that  it  becomes  the  United  States  to  be  as 
determined  in  resistance  as  they  have  been  patient  in  suffering  and  con- 
descending in  negotiation;  that  while  those  who  direct  the  affairs  of 
France  persist  in  the  enforcement  of  decrees  so  hostile  to  our  essential 
rights  their  conduct  forbids  us  to  confide  in  any  of  their  professions  of 
amity;  that  an  adequate  naval  force  must  be  considered  as  an  important 
object  of  national  policy,  and  that,  whether  negotiations  with  France  are 
resumed  or  not,  vigorous  preparations  for  war  will  be  alike  indispensable. 

The  generous  disdain  you  so  coolly  and  deliberately  express  of  a  reli- 
ance on  foreign  protection,  wanting  no  foreign  guaranty  of  our  liberties, 
resolving  to  maintain  our  national  independence  against  every  attempt  to 
despoil  us  of  this  inestimable  treasure,  will  meet  the  full  approbation 
of  every  sound  understanding  and  exulting  applauses  from  the  heart  of 
every  faithful  American. 

I  thank  you,  gentlemen,  for  your  candid  approbation  of  my  sentiments 
on  the  subject  of  negotiation  and  for  the  declaration  of  your  opinion  that 
the  pohcy  of  extending  and  invigorating  our  measures  of  defense  and  the 
adoption  with  prudent  foresight  of  such  systematical  measures  as  may 
be  expedient  for  calHng  forth  the  energies  of  our  country  wherever  the 
national  exigencies  may  require,  whether  on  the  ocean  or  on  our  own 
territory,  will  demand  your  sedulous  attention. 

At  the  same  time,  I  take  the  liberty  to  assure  you  it  shall  be  my  vigilant 
endeavor  that  no  illusory  professions  shall  seduce  me  into  any  abandon- 
ment of  the  rights  which  belong  to  the  United  States  as  a  free  and  inde- 
pendent  nation.  ^^^^  ADAMS. 

SPECIAL  MESSAGES. 

January  8,  1799. 
Gentlemen  of  the  House  of  Representatives: 

In  compliance  with  your  desire  expressed  in  your  resolution  of  the 
2d  of  this  month,  I  lay  before  you  an  extract  of  a  letter  from  George  C. 
Moreton,  acting  consul  of  the  United  States  at  The  Havannah,  dated  the 


John  Adams  281 

13th  of  November,  1798,  to  the  Secretary  of  State,  with  a  copy  of  a  letter 
from  him  to  L,.  Tresevant  and  WiUiam  Timmons,  esquires,  with  their 
answer. 

Although  your  request  extends  no  further  than  such  information  as 
has  been  -received,  yet  it  may  be  a  satisfaction  to  you  to  know  that  as 
soon  as  this  intelUgence  was  communicated  to  me  circular  orders  were 
given  by  my  direction  to  all  the  commanders  of  our  vessels  of  war,  a  copy 
of  which  is  also  herewith  transmitted.  I  also  directed  this  intelligence 
and  these  orders  to  be  communicated  to  His  Britannic  Majesty's  envoy 
extraordinary  and  minister  plenipotentiary  to  the  United  States  and  to 
our  minister  plenipotentiary  to  the  Court  of  Great  Britain,  with  instruc- 
tions to  him  to  make  the  proper  representation  to  that  Government  upon 
this  subject. 

It  is  but  justice  to  say  that  this  is  the  first  instance  of  misbehavior  of 
any  of  the  British  ofl&cers  toward  our  vessels  of  war  that  has  come  to  my 
knowledge.  According  to  all  the  representations  that  I  have  seen,  the 
flag  of  the  United  States  and  their  officers  and  men  have  been  treated 
by  the  civil  and  military  authority  of  the  British  nation  in  Nova  Scotia, 
the  West  India  islands,  and  on  the  ocean  with  uniform  civility,  polite- 
ness, and  friendship.  I  have  no  doubt  that  this  first  instance  of  miscon- 
duct will  be  readily  corrected. 

JOHN  ADAMS. 

January  15,  1799. 
Gentlemen  of^  the  Senate: 

I  transmit  to  you  the  treaty  between  the  United  States  and  the  Chero- 
kee Indians,  signed  near  Tellico  on  the  2d  day  of  October,  1798,  for  your 
consideration.  I  have  directed  the  Secretary  of  War  to  lay  before  you 
the  journal  of  the  commissioners  and  a  copy  of  their  instructions. 

JOHN  ADAMS. 

January  18,  1799. 
Gentlemen  of  the  Senate  and  Gentlemen  of  the  House  of  Representatives: 

The  communication  relative  to  our  affairs  with  France  alluded  to  in 
my  address  to  both  Houses  at  the  opening  of  the  session  is  contained  in 
the  sheets  which  accompany  this.  A  report  of  the  Secretary  of  State,  con- 
taining some  observations  on  them,  will  be  sent  to  Congress  on  Monday. 

JOHN  ADAMS. 

January  28,  1799. 
Gentlemen  of  the  Senate  and  Gentlemen  of  the  House  of  Representatives: 

An  edict  of  the  Executive  Director>^  of  the  French  Republic  of  the  29th 
of  October,  1798,  inclosed  in  a  letter  from  our  minister  plenipotentiarj- 


282  Messages  and  Papers  of  the  Presidents 

in  London  of  the  i6th  of  November,  is  of  so  much  importance  that  it  can 
not  be  too  soon  communicated  to  you  and  the  pubhc. 

JOHN  ADAMS. 


February  6,  1799. 
Gentlemen  of  the  Senate: 

In  consequence  of  intimations  from  the  Court  of  Russia  to  our  min- 
ister plenipotentiary  at  the  Court  of  Great  Britain  of  the  desire  of  that 
power  to  have  a  treaty  of  amity  and  commerce  wdth  the  United  States, 
and  that  the  negotiation  might  be  conducted  in  London,  I  nominate 
Rufus  King,  our  minister  plenipotentiary  at  the  Court  of  Great  Britain, 
to  be  a  minister  plenipotentiary  for  the  special  purpose  of  negotiating  with 
any  minister  of  equal  rank  and  powers  a  treaty  of  amity  and  commerce 
between  the  United  States  and  the  Emperor  of  all  the  Russias. 

JOHN  ADAMS. 


United  States,  February  15,  1799. 
Gentlemen  of  the  House  of  Representatives: 

In  pursuance  of  the  request  in  your  resolve  of  yesterday,  I  lay  before 
you  such  information  as  I  have  received  touching  a  suspension  of  the 
arret  of  the  French  Republic,  communicated  to  your  House  by  my  mes- 
sage of  the  28th  of  January  last.  But  if  the  execution  of  that  arret  be 
suspended,  or  even  if  it  were  repealed,  it  should  be  remembered  that  the 
arr^t  of  the  Executive  Directory  of  the  2d  of  March,  1797,  remains  in 
force,  the  third  article  of  which  subjects,  explicitly  and  exclusively, 
American  seamen  to  be  treated  as  pirates  if  found  on  board  ships  of  the 
enemies  of  France. 

JOHN  ADAMS. 


February  18,  1799. 
Gentlemen  of  the  Senate: 

I  transmit  to  you  a  document  which  seems  to  be  intended  to  be  a  com- 
pliance wnth  a  condition  mentioned  at  the  conclusion  of  my  message  to 
Congress  of  the  21st  of  June  last. 

Always  disposed  and  ready  to  embrace  every  plausible  appearance  of 
probability  of  preserving  or  restoring  tranquillity,  I  nominate  William 
Vans  Murray,  our  minister  resident  at  The  Hague,  to  be  minister  pleni- 
potentiary of  the  United  States  to  the  French  Republic. 

If  the  Senate  shall  advise  and  consent  to  his  appointment,  effectual  care 
shall  be  taken  in  his  instructions  that  he  shall  not  go  to  France  without 
direct  and  unequivocal  assurances  from  the  French  Government,  signified 
by  their  minister  of  foreign  relations,  that  he  shall  be  received  in  charac- 


John  Adams  283 

ter,  shall  enjoy  the  privileges  attached  to  his  character  by  the  law  of 
nations,  and  that  a  minister  of  equal  rank,  title,  and  powers  shall  be 
appointed  to  treat  with  him,  to  discuss  and  conclude  all  controversies 
between  the  two  RepubUcs  by  a  new  treaty. 

JOHN  ADAMS. 

[Translation.] 

Vajris,  the  7th  Vendhniaire  0/ the  jth  Year 
of  the  French  Republic,  One  and  Indivisible. 
The  Minister  of  Exterior  Relations  to  Citizen  Pichon,  Secretary  of  Legation  of  the 
French  Republic  near  the  Batavian  Republic: 

I  have  received  successively,  Citizen,  your  letters  of  the  22d  and  27th  Fructidor  [8th 
and  13th  September].  They  afford  me  more  and  more  reason  to  be  pleased  with  the 
measiure  you  have  adopted,  to  detail  to  me  your  conversations  with  Mr.  Murray. 
These  conversations,  at  first  merely  friendly,  have  acquired  consistency  by  the  sanc- 
tion I  have  given  to  them  by  my  letter  of  the  nth  Fructidor.  I  do  not  regret  that 
you  have  trusted  to  Mr.  Murray's  honor  a  copy  of  my  letter.  It  was  intended  for 
you  only,  and  contains  nothing  but  what  is  conformable  to  the  intentions  of  Govern- 
ment. I  am  thoroughly  convinced  that  should  explanations  take  place  with  confidence 
between  the  two  Cabinets,  irritation  would  cease,  a  crowd  of  misunderstandings  would 
disappear,  and  the  ties  of  friendship  would  be  the  more  strongly  united  as  each  party 
would  discover  the  hand  which  sought  to  disunite  them.  But  I  will  not  conceal  from 
you  that  yom-  letters  of  the  2d  and  3d  Vend^miaire,  just  received,  surprised  m.e 
much.  What  Mr.  Murray  is  still  dubious  of  has  been  very  explicitly  declared,  even 
before  the  President's  message  to  Congress  of  the  3d  Messidor  [21st  June]  last  was 
known  in  France.  I  had  written  it  to  Mr.  Gerry,  namely,  on  the  24tli  Messidor  and 
4th  Thermidor;  I  did  repeat  it  to  him  before  he  sat  out.  A  whole  paragraph  of  my 
letter  to  you  of  the  i  ith  Fructidor,  of  which  Mr.  Murray  has  a  copy,  is  devoted  to 
develop  still  more  the  fixed  determination  of  the  French  Government.  According 
to  these  bases,  you  were  right  to  assert  that  whatever  plenipotentiary  the  Government 
of  the  United  States  might  send  to  France  to  put  an  end  to  the  existing  differences 
between  the  two  countries  would  be  undoubtedly  received  with  the  respect  due  to 
the  representative  of  a  free,  independent,  and  powerful  nation. 

I  can  not  persuade  myself ,  Citizen,  that  the  American  Government  need  any  further 
declarations  from  us  to  induce  them,  in  order  to  renew  the  negotiations,  to  adopt 
such  measures  as  would  be  suggested  to  them  by  their  desire  to  bring  the  differences  to 
a  peaceable  end.  If  misunderstandings  on  both  sides  have  prevented  former  explana- 
tions from  reaching  that  end,  it  is  presumable  that,  those  misunderstandings  being 
done  away,  nothing  henceforth  will  bring  obstacles  to  the  reciprocal  dispositions. 
The  President's  instructions  to  his  envoys  at  Paris,  which  I  have  only  known  by  the 
copy  given  you  by  Mr.  Miuray,  and  received  by  me  the  21st  Messidor  [9th  July], 
announce,  if  they  contain  the  whole  of  the  American  Government's  intentions,  dis- 
positions which  could  only  have  added  to  those  which  the  Director^'  has  always 
entertained;  and,  notwithstanding  the  posterior  acts  of  that  Government,  notwith- 
standing the  irritating  and  almost  hostile  measures  they  have  adopted,  tlie  Directory 
has  manifested  its  perseverance  in  the  sentiments  which  are  deposited  both  in  my 
correspondence  with  Mr.  Gerry  and  in  my  letter  to  you  of  the  nth  Fructidor,  and 
which  I  have  hereinbefore  repeated  in  the  most  explicit  manner.  Carry,  therefore, 
Citizen,  to  Mr.  Murray  those  jwsitive  expressions  in  order  to  convince  him  of  our 
sincerity,  and  prevail  upon  him  to  transmit  them  to  his  Government. 

I  presume,  Citizen,  that  this  letter  will  find  you  at  The  Hague;  if  not,  I  ask  it  may 
be  sent  back  to  you  at  Paris. 

Salute  and  fraternity,  CH:  MAU:  TAI.LEYRAND. 


284  Messages  and  Papers  of  the  Presidents 

February  25,  1799. 
Gentlemen  of  the  Senate: 

The  proposition  of  a  fresh  negotiation  with  France  in  consequence  of 
advances  made  by  the  French  Government  has  excited  so  general  an 
attention  and  so  much  conversation  as  to  have  given  occasion  to  many 
manifestations  of  the  pubHc  opinion,  from  which  it  appears  to  me  that  a 
new  modification  of  the  embassy  will  give  more  general  satisfaction  to 
the  Legislature  and  to  the  nation,  and  perhaps  better  answer  the  purposes 
we  have  in  view. 

It  is  upon  this  supposition  and  with  this  expectation  that  I  now  nomi- 
nate Oliver  Ellsworth,  esq..  Chief  Justice  of  the  United  States;.  Patrick 
Henry,  esq.,  late  governor  of  Virginia,  and  William  Vans  Murray,  esq., 
our  minister  resident  at  The  Hague,  to  be  envoys  extraordinary  and  min- 
isters plenipotentiary  to  the  French  Republic,  with  full  powers  to  discuss 
and  settle  by  a  treaty  all  controversies  between  the  United  States  and 
France. 

It  is  not  intended  that  the  two  former  of  these  gentlemen  shall  embark 
for  Europe  until  they  shall  have  received  from  the  Executive  Directory 
assurances,  signified  by  their  secretary  of  foreign  relations,  that  they 
shall  be  received  in  character,  that  they  shall  enjoy  all  the  prerogatives 
attached  to  that  character  by  the  law  of  nations,  and  that  a  minister  or 
ministers  of  equal  powers  shall  be  appointed  and  commissioned  to  treat 
with  them. 

JOHN  ADAMS. 

March  2,  1799. 
Gentlemen  of  the  Seriate  and  Gentlemen  of  the  Hotise  of  Representatives: 

Judging  it  of  importance  to  the  public  that  the  Legislature  should  te 
informed  of  the  gradual  progress  of  their  maritime  resources,  I  transmit 
to  Congress  a  statement  of  the  vessels,  with  their  tonnage,  warlike  force, 
and  complement  of  men,  to  which  commissions  as  private  armed  vessels 
have  been  issued  since  the  9th  day  of  July  last. 

JOHN  ADAMS. 


PROCLAMATIONS. 

[From  C.  F.  Adams's  Works  of  John  Adams,  Vol.  IX,  p.  172.] 
PROCLAMATION. 

March  6,  1799. 

As  no  truth  is  more  clearly  taught  in  the  Volume  of  Inspiration,  nor 

any  more  fully  demonstrated  by  the  experience  of  all  ages,  than  that  a 

deep  .sense  and  a  due  acknowledgment  of  the  governing  providence  of  a 

Supreme  Being  and  of  the  accountableness  of  men  to  Him  as  the  searcher 


John  Adams  285 

of  hearts  and  righteous  distributer  of  rewards  and  punishments  are  con- 
ducive equally  to  the  happiness  and  rectitude  of  individuals  and  to  the 
well-being  of  communities;  as  it  is  also  most  reasonable  in  itself  that 
men  who  are  made  capable  of  social  acts  and  relations,  who  owe  their 
improvements  to  the  social  state,  and  who  derive  their  enjoyments  from 
it,  should,  as  a  society,  make  their  acknowledgments  of  dependence  and 
obligation  to  Him  who  hath  endowed  them  with  these  capacities  and 
elevated  them  in  the  scale  of  existence  by  these  distinctions;  as  it  is 
likewise  a  plain  dictate  of  duty  and  a  strong  sentiment  of  nature  that  in 
circumstances  of  great  urgency  and  seasons  of  imminent  danger  earnest 
and  particular  supplications  should  be  made  to  Him  who  is  able  to  defend 
or  to  destroy;  as,  moreover,  the  most  precious  interests  of  the  people  of 
the  United  States  are  still  held  in  jeopardy  by  the  hostile  designs  and 
insidious  acts  of  a  foreign  nation,  as  well  as  by  the  dissemination 
among  them  of  those  principles,  subversive  of  the  foundations  of  all 
religious,  moral,  and  social  obligations,  that  have  produced  incalculable 
mischief  and  misery  in  other  countries;  and  as,  in  fine,  the  observance  of 
special  seasons  for  public  religious  solemnities  is  happily  calculated  to 
avert  the  evils  which  we  ought  to  deprecate  and  to  excite  to  the  per- 
formance of  the  duties  which  we  ought  to  discharge  by  calling  and  fix- 
ing the  attention  of  the  people  at  large  to  the  momentous  truths  already 
recited,  by  affording  opportunity  to  teach  and  inculcate  them  by  animat- 
ing devotion  and  giving  to  it  the  character  of  a  national  act: 

For  these  reasons  I  have  thought  proper  to  recommend,  and  I  do  hereby 
recommend  accordingly,  that  Thursday,  th^  25th  day  of  April  next,  be 
observed  throughout  the  United  States  of  America  as  a  day  of  solemn 
humiliation,  fasting,  and  prayer;  that  the  citizens  on  that  day  abstain  as 
far  as  may  be  from  their  secular  occupations,  devote  the  time  to  the 
sacred  duties  of  religion  in  public  and  in  private;  that  they  call  to  mind 
our  numerous  offenses  against  the  Most  High  God,  confess  them  before 
Him  with  the  sincerest  penitence,  implore  His  pardoning  mercy,  through 
the  Great  Mediator  and  Redeemer,  for  our  past  transgressions,  and  that 
through  the  grace  of  His  Holy  Spirit  we  may  be  disposed  and  enabled 
to  yield  a  more  suitable  obedience  to  His  righteous  requisitions  in  time 
to  come;  that  He  would  interpose  to  arrest  the  progress  of  that  impiety 
and  licentiousness  in  principle  and  practice  so  offensive  to  Himself  and 
so  ruinous  to  mankind;  that  He  would  make  us  deeply  sensible  that 
"righteousness  exalteth  a  nation,  but  sin  is  a  reproach  to  any  people;" 
that  He  would  turn  us  from  our  transgressions  and  tuni  His  displeasure 
from  us;  that  He  would  withhold  us  from  unreasonable  discontent,  from 
disunion,  faction,  sedition,  and  insurrection;  that  He  would  presen-e  our 
country  from  the  desolating  sword;  that  He  would  save  our  cities  and 
towns  from  a  repetition  of  those  awful  pestilential  visitations  under  which 
they  have  lately  suifered  so  severely,  and  that  the  health  of  our  inhabit- 
ants generally  may  be  precious  in  His  sight;  that  He  would  favor  us  with 


286  Messages  and  Papers  of  the  Presidents 

fruitful  seasons  and  so  bless  the  labors  of  the  husbandman  as  that  there 
ma3^  be  food  in  abundance  for  man  and  beast;  that  He  would  prosper  our 
commerce,  manufactures,  and  fisheries,  and  give  success  to  the  people  in 
all  their  lawful  industry  and  enterprise;  that  He  would  smile  on  our  col- 
leges, academies,  schools,  and  seminaries  of  learning,  and  make  them 
nurseries  of  sound  science,  morals,  and  religion;  that  He  would  bless  all 
magistrates,  from  the  highest  to  the  lowest,  give  them  the  true  spirit  of 
their  station,  make  them  a  terror  to  evil  doers  and  a  praise  to  them  that 
do  well;  that  He  would  preside  over  the  councils  of  the  nation  at  this 
critical  period,  enlighten  them  to  a  just  discernment  of  the  public  inter- 
est, and  save  them  from  mistake,  di\dsion,  and  discord;  that  He  would 
make  succeed  our  preparations  for  defense  and  bless  our  armaments  by 
land  and  by  sea;  that  He  would  put  an  end  to  the  effusion  of  human  blood 
and  the  accumulation  of  human  misery  among  the  contending  nations  of 
the  earth  by  disposing  them  to  justice,  to  equity,  to  benevolence,  and  to 
peace;  and  that  he  would  extend  the  blessings  of  knowledge,  of  true 
liberty,  and  of  pure  and  undefiled  religion  throughout  the  world. 

And  I  do  also  recommend  that  with  these  acts  of  humihation,  peni- 
tence, and  prayer  fervent  thanksgiving  to  the  Author  of  All  Good  be 
united  for  the  countless  favors  which  He  is  still  continuing  to  the  people 
of  the  United  States,  and  which  render  their  condition  as  a  nation  emi- 
nently happy  when  compared  with  the  lot  of  others. 

Given,  etc. 

JOHN  ADAMS. 


By  the  President  of  the  United  States  of  America. 

A  PROCI.AMATION. 

Whereas  combinations  to»defeat  the  execution  of  the  laws  for  the  valu- 
ation of  lands  and  dwelling  houses  within  the  United  States  have  existed 
in  the  counties  of  Northampton,  Montgomery,  and  Bucks,  in  the  State 
of  Pennsylvania,  and  have  proceeded  in  a  manner  subversive  of  the  just 
authority  of  the  Government,  by  misrepresentations,  to  render  the  laws 
odious,  by  deterring  the  public  officers  of  the  United  States  to  forbear  the 
execution  of  their  functions,  and  by  openly  threatening  their  lives;  and 

Whereas  the  endeavors  of  the  well-affected  citizens,  as  well  as  of  the 
executive  officers,  to  conciliate  a  compliance  with  those  laws  have  failed 
of  success,  and  certain  persons  in  the  county  of  Northampton  aforesaid 
have  been  hardy  enough  to  perpetrate  certain  acts  which  I  am  advised 
amount  to  treason,  being  overt  acts  of  levying  war  against  the  United 
States,  the  said  persons,  exceeding  one  hundred  in  number  and  armed 
and  arrayed  in  a  warUke  manner,  having,  on  the  yth  day  of  this  pres- 
ent month  of  March,  proceeded  to  the  house  of  Abraham  Covering,  in 


John  Adams  287 

the  town  of  Bethlehem,  and  there  compelled  William  Nichols,  marshal 
of  the  United  States  in  and  for  the  district  of  Pennsylvania,  to  desist 
from  the  execution  of  certain  legal  process  in  his  hands  to  be  executed, 
and  having  compelled  him  to  discharge  and  set  at  liberty  certain  per- 
sons whom  he  had  arrested  by  virtue  of  criminal  process  duly  issued  for 
offenses  against  the  United  States,  and  having  impeded  and  prevented 
the  commissioner  and  the  assessors,  appointed  in  conformity  with  the 
laws  aforesaid,  in  the  county  of  Northampton  aforesaid,  by  threats  and 
personal  injury,  from  executing  the  said  laws,  avowing  as  the  motives 
of  these  illegal  and  treasonable  proceedings  an  intention  to  prevent  by 
force  of  arms  the  execution  of  the  said  laws  and  to  withstand  by  open 
violence  the  lawful  authority  of  the  Government  of  the  United  States; 
and 

Whereas  by  the  Constitution  and  laws  of  the  United  States  I  am 
authorized,  whenever  the  laws  of  the  United  States  shall  be  opposed  or 
the  execution  thereof  obstructed  in  any  State  by  combinations  too  pow- 
erful to  be  suppressed  by  the  ordinary  course  of  judicial  proceedings  or 
by  the  powers  vested  in  the  marshals,  to  call  forth  military  force  to  sup- 
press such  combinations  and  to  cause  the  laws  to  be  duly  executed;  and 

Whereas  it  is  in  my  judgment  necessary  to  call  forth  military  force  in 
order  to  suppress  the  combinations  aforesaid  and  to  cause  the  laws  afore- 
said to  be  duly  executed,  and  I  have  accordingly  determined  so  to  do, 
under  the  solemn  conviction  that  the  essential  interests  of  the  United 
States  demand  it: 

Wherefore  I,  John  Adams,  President  of  the  United  States,  do  hereby 
command  all  persons  being  insurgents  as  aforesaid,  and  all  others  whom 
it  may  concern,  on  or  before  Monday  next,  being  the  i8th  day  of  this 
present  month,  to  disperse  and  retire  peaceably  to  their  respective  abodes; 
and  I  do  moreover  warn  all  persons  whomsoever  against  aiding,  abetting, 
or  comforting  the  perpetrators  of  the  aforesaid  treasonable  acts;  and  I 
do  require  all  officers  and  others,  good  and  faithful  citizens,  according 
to  their  respective  duties  and  the  laws  of  the  land,  to  exert  their  utmost 
endeavors  to  prevent  and  suppress  such  dangerous  and  unlawful  pro- 
ceedings. 

In  testimony  whereof  I  have  caused  the  seal  of  the  United  States  of 
America  to  be  affixed  to  these  presents,  and  signed  the  same 
with  my  hand. 
[seal.]  Done  at  the  city  of  Philadelphia,  the  12th  day  of  March, 
A.  D.  1799,  and  of  the  Independence  of  the  said  United  States 
of  America  the  twenty-third. 

JOHN  ADAMS. 

By  the  President: 

Timothy  Pickering, 

Secretary  of  State. 


288  Messages  and  Papers  of  the  Presidents 

[From  a  broadside  in  the  archives  of  the  Department  of  State.] 

By  the  President  of  the  United  States  of  America. 

A  PROCI.AMATION. 

Whereas  by  an  act  of  the  Congress  of  the  United  States  passed  the 
9th  day  of  February  last,  entitled  "An  act  further  to  suspend  the  com- 
mercial intercourse  between  the  United  States  and  France  and  the 
dependencies  thereof,"  it  is  provided  that  at  any  time  after  the  passing 
of  this  act  it  shall  be  lawful  for  the  President  of  the  United  States,  if  he 
shall  deem  it  expedient  and  consistent  with  the  interests  of  the  United 
States,  by  his  order  to  remit  and  discontinue  for  the  time  being  the 
restraints  and  prohibitions  by  the  said  act  imposed,  either  with  respect 
to  the  French  Republic  or  to  any  island,  port,  or  place  belonging  to 
the  said  Republic  with  which  a  commercial  intercourse  may  safely  be 
renewed,  and  also  to  revoke  such  order  whenever,  in  his  opinion,  the 
interest  of  the  United  States  shall  require;  and  he  is  authorized  to  make 
proclamation  thereof  accordingly;  and 

Whereas  the  arrangements  which  have  been  made  at  St.  Domingo  for 
the  safety  of  the  commerce  of  the  United  States  and  for  the  admission 
of  American  vessels  into  certain  ports  of  that  island  do,  in  my  opinion, 
render  it  expedient  and  for  the  interest  of  the  United  States  to  renew  a 
commercial  intercourse  with  such  ports: 

Therefore  I,  John  Adams,  President  of  the  United  States,  by  virtue 
of  the  powers  vested  in  me  by  the  above-recited  act,  do  hereby  remit  and 
discontinue  the  restraints  and  prohibitions  therein  contained  within  the 
limits  and  under  the  regulations  here  following,  to  wit: 

1 .  It  shall  be  lawful  for  vessels  which  have  departed  or  may  depart 
from  the  United  States  to  enter  the  ports  of  Cape  Francois  and  Port 
Republicain,  formerly  called  Port-au-Prince,  in  the  said  island  of  St. 
Domingo,  on  and  after  the  ist  day  of  August  next. 

2.  No  vessel  shall  be  cleared  for  any  other  port  in  St.  Domingo  than 
Cape  Francois  and  Port  Republicain. 

3.  It  shall  be  lawful  for  vessels  which  shall  enter  the  said  ports  of 
Cape  Frangois  and  Port  Republicain  after  the  31st  day  of  July  next  to 
depart  from  thence  to  any  other  port  in  said  island  between  Monte  Christi 
on  the  north  and  Petit  Goave  on  the  west;  provided  it  be  done  with  the 
consent  of  the  Government  of  St.  Domingo  and  pursuant  to  certificates 
or  passports  expressing  such  consent,  signed  by  the  consul-general  of  the 
United  States  or  consul  residing  at  the  port  of  departure. 

4.  All  vessels  sailing  in  contravention  of  these  regulations  will  be  out 
of  the  protection  of  the  United  States  and  be,  moreover,  liable  to  capture, 
seizure,  and  confiscation. 


John  Adams  289 

Given  under  my  hand  and  the  seal  of  the  United  States,  at  Philadelphia, 
the  26th  day  of  June,  A.  D.  1799,  and  of  the  Independence  of 
LSEAI..J     ^j^^  ^^.^  ^\.qx.^^  the  twenty-third. 

JOHN  ADAMS. 

By  the  President: 

Timothy  Pickering, 

Secretary  of  State. 


THIRD  ANNUAL  ADDRESS. 

United  States,  December  j,  1799. 
Gentlemen  of  the  Senate  and  Cwcntlemen  of  the  House  of  Representatives: 

It  is  with  peculiar  satisfaction  that  I  meet  the  Sixth  Congress  of  the 
United  States  of  America.  Coming  from  all  parts  of  the  Union  at  tliis 
critical  and  interesting  period,  the  members  must  be  fully  possessed  of 
the  sentiments  and  wishes  of  our  constituents. 

The  flattering  prospects  of  abundance  from  the  labors  of  the  people  by 
land  and  by  sea;  the  prosperity  of  our  extended  commerce,  notwithstand- 
ing interruptions  occasioned  by  the  belligerent  state  of  a  great  part  of  the 
world;  the  return  of  health,  industry,  and  trade  to  those  cities  which 
have  lately  been  afflicted  with  disease,  and  the  various  and  inestimable 
advantages,  civil  and  religious,  which,  secured  under  our  happy  frame 
of  government,  are  continued  to  us  unimpaired,  demand  of  the  whole 
American  people  sincere  thanks  to  a  benevolent  Deity  for  the  merciful 
dispensations  of  His  providence. 

But  while  these  numerous  blessings  are  recollected,  it  is  a  painful  duty 
to  advert  to  the  ungrateful  return  which  has  been  made  for  them  by  some 
of  the  people  in  certain  counties  of  Pennsylvania,  where,  seduced  by  the 
arts  and  misrepresentations  of  designing  men,  they  have  openly  resisted 
the  law  directing  the  valuation  of  houses  and  lauds.  Such  defiance  was 
given  to  the  civil  authority  as  rendered  hopeless  all  further  attempts 
by  judicial  process  to  enforce  the  execution  of  the  law,  and  it  became 
necessary  to  direct  a  military  force  to  be  employed,  consisting  of  some 
companies  of  regular  troops,  volunteers,  and  miUtia,  by  whose  zeal  and 
activity,  in  cooperation  with  the  judicial  power,  order  and  submission 
were  restored  and  many  of  the  offenders  arrested.  Of  these,  some  have 
been  convicted  of  misdemeanors,  and  others,  charged  with  various  crimes, 
remain  to  be  tried. 

To  give  due  effect  to  the  civil  administration  of  Government  and  to 

insure  a  just  execution  of  the  laws,  a  revision  and  amendment  of  the 

judiciary  system  is  indispensably  necessary.     In  this  extensive  country  it 

can  not  but  happen  that  numerous  questions  respecting  the  interpretation 

M  r — vol,  I — 19 


290  Messages  and  Papers  of  the  Presidents 

of  the  laws  and  the  rights  and  duties  of  officers  and  citizens  must  arise. 
On  the  one  hand,  the  laws  should  be  executed;  on  the  other,  individ- 
uals should  be  guarded  from  oppression.  Neither  of  these  objects  is 
sufficiently  assured  under  the  present  organization  of  the  judicial  depart- 
ment. I  therefore  earnestly  recommend  the  subject  to  your  serious  con- 
sideration. 

Persev^ering  in  the  pacific  and  humane  policy  which  had  been  inva- 
riably professed  and  sincerely  pursued  by  the  Executive  authority  of  the 
United  States,  when  indications  were  made  on  the  part  of  the  French 
Republic  of  a  disposition  to  accommodate  the  existing  differences  between 
the  two  countries,  I  felt  it  to  be  my  duty  to  prepare  for  meeting  their 
advances  by  a  nomination  of  ministers  upon  certain  conditions  which  the 
honor  of  our  country  dictated,  and  which  its  moderation  had  given  it  a 
right  to  prescribe.  The  assurances  w^hich  were  required  of  the  French 
Government  previous  to  the  departure  of  our  envoys  have  been  given 
through  their  minister  of  foreign  relations,  and  I  have  directed  them  to 
proceed  on  their  mission  to  Paris.  They  have  full  power  to  conclude  a 
treaty,  subject  to  the  constitutional  advice  and  consent  of  the  Senate. 
The  characters  of  these  gentlemen  are  sure  pledges  to  their  country  that 
nothing  incompatible  with  its  honor  or  interest,  nothing  inconsistent 
with  our  obligations  of  good  faith  or  friendship  to  any  other  nation,  will 
be  stipulated. 

It  appearing  probable  from  the  information  I  received  that  our  com- 
mercial intercourse  with  some  ports  in  the  island  of  St.  Domingo  might 
safely  be  renewed,  I  took  such  steps  as  seemed  to  me  expedient  to  ascer- 
tain that  point.  The  result  being  satisfactory,  I  then,  in  conformity  with 
the  act  of  Congress  on  the  subject,  directed  the  restraints  and  prohibi- 
tions of  that  intercourse  to  be  discontinued  on  terms  which  were  made 
known  by  proclamation.  Since  the  renewal  of  this  intercourse  our  citi- 
zens trading  to  those  ports,  with  their  property,  have  been  duly  respected, 
and  privateering  from  those  ports  has  ceased. 

In  examining  the  claims  of  British  subjects  by  the  commissioners  at 
Philadelphia,  acting  under  the  sixth  article  of  the  treaty  of  amity,  com- 
merce, and  navigation  with  Great  Britain,  a  difference  of  opinion  on 
points  deemed  essential  in  the  interpretation  of  that  article  has  ari.sen 
between  the  commissioners  appointed  by  the  United  States  and  the  other 
members  of  that  board,  from  which  the  former  have  thought  it  their  duty 
to  withdraw.  It  is  sincerely  to  be  regretted  that  the  execution  of  an 
article  produced  by  a  mutual  spirit  of  amity  and  justice  should  have  been 
thus  unavoidably  interrupted.  It  is,  however,  confidently  expected  that 
the  same  spirit  of  amity  and  the  same  sense  of  justice  in  which  it  origi- 
nated will  lead  to  satisfactory  explanations.  In  consequence  of  the 
obstacles  to  the  progress  of  the  commission  in  Philadelphia,  His  Britannic 
Majesty  has  directed  the  commissioners  appointed  by  him  under  the  sev- 
enth article  of  the  treaty  relating  to  the  British  captures  of  American  ves- 


John  Adams  291 

sels  to  withdraw  from  the  board  sitting  in  London,  but  with  the  express 
declaration  of  his  determination  to  fulfill  with  punctuality  and  good  faith 
the  engagements  which  His  Majesty  has  contracted  by  his  treaty  with 
the  United  States,  and  that  they  will  be  instructed  to  resume  their  func- 
tions whenever  the  obstacles  which  impede  the  progress  of  the  commission 
at  Philadelphia  shall  Ije  removed.  It  being  in  like  manner  my  sincere 
determination,  so  far  as  the  same  depends  on  me,  that  with  equal  punc- 
tuality and  good  faith  the  engagements  contracted  by  the  United  States 
in  their  treaties  with  His  Britannic  Majesty  shall  Ije  fulfilled,  I  shall 
immediately  instruct  our  minister  at  L,ondon  to  endeavor  to  obtain  the 
explanations  necessary  to  a  just  performance  of  those  engagements  on  the 
part  of  the  United  States.  With  such  dispositions  on  lx)th  sides,  I  can 
not  entertain  a  doubt  that  all  difficulties  will  soon  lie  removed  and  that 
the  two  boards  will  then  proceed  and  bring  the  business  committed  to 
them  respectively  to  a  satisfactory  conclusion. 

The  act  of  Congress  relative  to  the  seat  of  the  Government  of  the 
United  States  requiring  that  on  the  first  Monday  of  December  next  it 
should  be  transferred  from  Philadelphia  to  the  District  chosen  for  its 
permanent  seat,  it  is  proper  for  me  to  inform  you  that  the  commi.ssioners 
appointed  to  provide  suitable  buildings  for  the  accommodation  of  Congress 
and  of  the  President  and  of  the  public  offices  of  the  Government  have 
made  a  report  of  the  state  of  the  buildings  designed  for  those  purposes 
in  the  city  of  Washington,  from  which  they  conclude  that  the  removal 
of  the  seat  of  Government  to  that  place  at  the  time  required  will  ho.  prac- 
ticable and  the  accommodation  satisfactory.  Their  report  will  be  laid 
before  you. 

Gentlemen  of  the  House  of  Representatives: 

I  shall  direct  the  estimates  of  the  appropriations  necessary  for  the 
service  of  the  ensuing  year,  together  with  an  account  of  the  revenue  and 
expenditure,  to  be  laid  before  you.  During  a  period  in  which  a  great 
portion  of  the  civilized  world  has  l^een  involved  in  a  war  unusuall}-  calam- 
itous and  destructive,  it  was  not  to  be  expected  that  the  United  States 
could  be  exempted  from  extraordinary  burthens.  Although  the  period 
is  not  arrived  when  the  measures  adopted  to  secure  our  country  against 
foreign  attacks  can  be  renounced,  yet  it  is  alike  necessary  for  the  honor 
of  the  Government  and  the  satisfaction  of  the  community  that  an  exact 
economy  should  te  maintained.  I  invite  you,  gentlemen,  to  investigate 
the  different  branches  of  the  public  exjienditure.  The  examination  will 
lead  to  beneficial  retrenchments  or  produce  a  conviction  of  the  wisdom  of 
the  measures  to  which  the  expenditure  relates. 

Gentlemen  of  the  Senate  and  Gentlemen  of  the  House  of  Representatives: 

At  a  period  like  the  present,  when  momentous  changes  are  occurring 
and  every  hour  is  preparing  new  and  great  events  in  the  political  world, 


292  Messages  and  Papers  of  the  Presidents 

when  a  spirit  of  war  is  prevalent  in  almost  every  nation  with  whose  affairs 
the  interests  of  the  United  States  have  any  connection,  unsafe  and  preca- 
rious would  be  our  situation  were  we  to  neglect  the  means  of  maintaining 
our  just  rights.  The  result  of  the  mission  to  France  is  uncertain;  but 
however  it  may  terminate,  a  steady  perseverance  in  a  system  of  national 
defense  commensurate  with  our  resources  and  the  situation  of  our  country 
is  an  obvious  dictate  of  wisdom;  for,  remotely  as  we  are  placed  from  the 
belligerent  nations,  and  desirous  as  we  are,  by  doing  justice  to  all,  to 
avoid  ofifense  to  any,  nothing  short  of  the  power  of  repelling  aggressions 
will  secure  to  our  country  a  rational  prospect  of  escaping  the  calamities 
of  war  or  national  degradation.  As  to  myself,  it  is  my  anxious  desire  so 
to  execute  the  trust  reposed  in  me  as  to  render  the  people  of  the  United 
States  prosperous  and  happy.  I  rely  with  entire  confidence  on  your 
cooperation  in  objects  equally  your  care,  and  that  our  mutual  labors  will 
serve  to  increase  and  confirm  union  among  our  fellow-citizens  and  an 
unshaken  attachment  to  our  Government. 

JOHN  ADAMS. 


ADDRESS  OF  THE  SENATE  TO  JOHN  ADAMS,  PRESIDENT  OF  THE 

UNITED  STATES. 

The  President  op  the  United  States: 

Accept,  sir,  the  respectful  acknowledgments  of  the  Senate  of  the 
United  States  for  your  speech  delivered  to  both  Houses  of  Congress  at 
the  opening  of  the  present  session. 

While  we  devoutly  join  you  in  offering  our  thanks  to  Almighty  God 
for  the  return  of  health  to  our  cities  and  for  the  general  prosperity  of  the 
country,  we  can  not  refrain  from  lamenting  that  the  arts  and  calumnies 
of  factious,  designing  men  have  excited  open  rebellion  a  second  time  in 
Pennsylvania,  and  thereby  compelled  the  employment  of  a  military  force 
to  aid  the  civil  authority  in  the  execution  of  the  laws.  We  rejoice  that 
your  vigilance,  energy,  and  well-timed  exertions  have  crushed  so  daring 
an  opposition  and  prevented  the  spreading  of  such  treasonable  combina- 
tions. The  promptitude  and  zeal  displayed  by  the  troops  called  to 
suppress  this  insurrection  deserve  our  highest  commendation  and  praise, 
and  afford  a  pleasing  proof  of  the  spirit  and  alacrity  with  which  our 
fellow -citizens  are  ready  to  maintain  the  authority  of  our  excellent  Gov- 
ernment. 

Knowing  as  we  do  that  the  United  States  are  sincerely  anxious  for  a 
fair  and  liberal  execution  of  the  treaty  of  amity,  commerce,  and  naviga- 
tion entered  into  with  Great  Britain,  we  learn  with  regret  that  the  prog- 
ress of  adjustment  has  been  interrupted  by  a  difference  of  opinion  among 
the  commissioners.  We  hope,  however,  that  the  justice,  the  modera- 
tion, and  the  obvious  interests  of  both  parties  will  lead  to  satisfactory 
explanations,  and  that  the  business  will  then  go  forward  to  an  amicable 


John  Adams  393 

close  of  all  differences  and  demands  between  the  two  countries.  We  are 
fully  persuaded  that  the  Legislature  of  the  United  States  will  cheerfully 
enable  you  to  realize  your  assurances  of  performing  on  our  part  all 
engagements  under  our  treaties  with  punctuality  and  the  most  scrupulous 
good  faith. 

When  we  reflect  upon  the  uncertainty  of  the  result  of  the  late  mission 
to  France  and  upon  the  uncommon  nature,  extent,  and  aspect  of  the 
war  now  raging  in  Europe,  which  affects  materially  our  relations  with 
the  powers  at  war,  and  which  has  changed  the  condition  of  their  colonies 
in  our  neighborhood,  we  are  of  opinion  with  you  that  it  would  be  neither 
wise  nor  safe  to  relax  our  measures  of  defense  or  to  lessen  any  of  our 
preparations  to  repel  aggression. 

Our  inquiries  and  attention  shall  be  carefully  directed  to  the  various 
other  important  subjects  which  you  have  recommended  to  our  con.sider- 
ation,  and  from  our  experience  of  your  pa.st  Administration  we  anticipate 
with  the  highest  confidence  your  strenuous  cooperation  in  all  measures 
which  have  a  tendency  to  promote  and  extend  our  national  interests  and 
happiness. 

SAMUEL  IvIVERMORE, 
President  of  the  Senate  pro  tempore. 

December  9,  1799. 


REPLY  OF  THE  PRESIDENT. 

United  States,  December  10,  1799. 
Gentlemen  of  the  Senate: 

I  thank  j'ou  for  this  address.  I  wish  you  all  possible  success  and  sat- 
isfaction in  your  deliberations  on  the  means  which  have  a  tendency  to 
promote  and  extend  our  national  interests  and  happiness,  and  I  assure 
you  that  in  all  your  measures  directed  to  those  great  objects  you  may  at 
all  times  rely  with  the  highest  confidence  on  my  cordial  cooperation. 

The  praise  of  the  Senate,  so  judiciously  conferred  on  the  promptitude 
and  zeal  of  the  troops  called  to  suppress  the  insurrection,  as  it  falls  from 
so  high  authority,  must  make  a  deep  impre.s.sion,  both  as  a  terror  to  the 
disobedient  and  an  encouragement  of  such  as  do  well. 

JOHN  ADAMS. 


ADDREvSS  OF  THE  HOUvSE  OF  REPRESENTATIVES  TO  JOHN  AD.\MS, 
PRESIDENT  OF  THE  UNITED  STATES. 

The  President  of  the  United  States. 

Sir:  While  the  House  of  Representatives  contemplate  the  flattering 
prospects  of  abundance  from  the  labors  of  the  people  by  land  and  by  sea, 
the  prosperity  of  our  extended  conmierce  notwithstanding  the  interrup- 
tions occasioned  by  the  belligerent  state  of  a  great  part  of  the  world,  the 


294  Messages  and  Papers  of  the  Presidents 

return  of  health,  indu.stry,  and  trade  to  those  cities  which  have  lately  been 
afflicted  with  disease,  and  the  various  and  inestimable  advantages,  civil 
and  religious,  which,  secured  under  our  happy  frame  of  Government,  are 
continued  to  us  unimpaired,  we  can  not  fail  to  offer  up  to  a  benevolent 
Deity  our  sincere  thanks  for  these  the  merciful  dispensations  of  His  pro- 
tecting providence. 

That  any  portion  of  the  people  of  America  should  permit  themselves, 
amid  such  numerous  blessings,  to  be  seduced  by  the  arts  and  misrepresen- 
tations of  designing  men  into  an  open  resistance  of  a  law  of  the  United 
States  can  not  be  heard  without  deep  and  serious  regret.  Under  a  Con- 
stitution where  the  public  burthens  can  only  be  imposed  by  the  people 
themselves  for  their  own  benefit  and  to  promote  their  own  objects,  a 
hope  might  well  have  been  indulged  that  the  general  interest  would  have 
been  too  well  understood  and  the  general  welfare  too  highly  prized  to 
have  produced  in  any  of  our  citizens  a  disposition  to  hazard  so  much 
felicity  by  the  criminal  effort  of  a  part  to  oppose  with  lawless  violence  the 
will  of  the  whole.  While  we  lament  that  depravity  which  could  produce 
a  defiance  of  the  civil  authority  and  render  indispensable  the  aid  of  the 
military  force  of  the  nation,  real  consolation  is  to  be  derived  from  the 
promptness  and  fidelity  with  which  that  aid  was  afforded.  That  zealous 
and  active  cooperation  with  the  judicial  power  of  the  volunteers  and  militia 
called  into  service,  which  has  restored  order  and  submission  to  the  laws, 
is  a  pleasing  evidence  of  the  attachment  of  our  fellow-citizens  to  their  own 
free  Government,  and  of  the  truly  patriotic  alacrity  with  which  they  will 
support  it. 

To  give  due  effect  to  the  civil  adrninistration  of  Government  and  to 
insure  a  just  execution  of  the  laws  are  objects  of  such  real  magnitude  as 
to  secure  a  proper  attention  to  your  recommendation  of  a  re\'ision  and 
amendment  of  the  judiciary  system. 

Highly  approving  as  we  do  the  pacific  and  humane  policy  which  has  been 
invariably  professed  and  sincerely  pursued  by  the  Executive  authority  of 
the  United  States,  a  policy  which  our  best  interests  enjoined,  and  of  which 
honor  has  permitted  the  observance,  we  consider  as  the  most  unequiv- 
ocal proof  of  3'our  inflexible  penseverance  in  the  same  well-chosen  system 
your  preparation  to  meet  the  first  indications  on  the  part  of  the  French 
Republic  of  a  disposition  to  accommodate  the  existing  differences  between 
the  two  countries  by  a  nomination  of  ministers,  on  certain  conditions 
which  the  honor  of  our  country  unquestionably  dictated,  and  which  its 
moderation  had  certainly  given  it  a  right  to  prescribe.  When  the  assur- 
ances thus  required  of  the  French  Government,  previous  to  the  departure 
of  oiu"  envoys,  had  been  given  through  their  minister  of  foreign  relations, 
the  direction  that  they  should  proceed  on  their  mission  was  on  your  part  a 
completion  of  the  measure,  and  manifests  the  sincerity  with  which  it  was 
commenced.  We  offer  up  our  fervent  prayers  to  the  Supreme  Ruler  of 
the  Universe  for  the  success  of  their  embassy,  and  that  it  may  be  pro- 


John  Adams  295 

ductive  of  peace  and  happiness  to  our  common  country.  The  uniform 
tenor  of  your  conduct  through  a  life  useful  to  your  fellow-citizens  and 
honorable  to  yourself  gives  a  sure  pledge  of  the  sincerity  with  which  the 
avowed  objects  of  the  negotiation  will  Ije  pursued  on  your  part,  and  we 
earnestly  pray  that  similar  dispositions  may  be  displayed  on  the  part  of 
France.  The  differences  which  unfortunately  subsist  between  the  two 
nations  can  not  fail  in  that  event  to  lie  happily  terminated.  To  produce 
this  end,  to  all  so  desirable,  firmness,  moderation,  and  union  at  home 
constitute,  we  are  persuaded,  the  surest  means.  The  character  of  the 
gentlemen  you  have  deputed,  and  still  more  the  character  of  the  Gov- 
ernment which  deputes  them,  are  safe  pledges  to  their  country  that 
nothing  incompatible  with  its  honor  or  interest,  nothing  inconsi.stent 
with  our  obligations  of  good  faith  or  friendship  to  any  other  nation,  will 
be  stipulated. 

We  learn  with  pleasure  that  our  citizens,  with  their  property,  trading 
to  those  ports  of  St.  Domingo  with  which  commercial  intercourse  has 
been  renewed  have  been  duly  respected,  and  that  privateering  from  those 
ports  has  ceased. 

With  you  we  sincerely  regret  that  the  execution  of  the  sixth  article  of 
the  treaty  of  amity,  commerce,  and  navigation  with  Great  Britain,  an  arti- 
cle produced  by  a  mutual  spirit  of  amity  and  justice,  should  hav^e  been 
unavoidably  interrupted.  We  doubt  not  that  the  same  spirit  of  amity  and 
the  same  sense  of  justice  in  which  it  originated  will  lead  to  satisfactory 
explanations,  and  we  hear  with  approbation  that  our  minister  at  London 
will  be  immediately  instructed  to  obtain  them.  While  the  engagements 
which  America  has  contracted  by  her  treaty  with  Great  Britain  ought  to 
be  fulfilled  with  that  scrupulous  punctuality  and  good  faith  to  which 
our  Government  has  ever  so  tenaciously  adhered,  yet  no  motive  exists 
to  induce,  and  every  principle  forbids  us  to  adopt,  a  construction  which 
might  extend  them  beyond  the  instrument  by  which  the}'  are  created. 
We  cherish  the  hope  that  the  Government  of  Great  Britain  will  disclaim 
vSUch  extension,  and  by  cordially  uniting  with  that  of  the  United  States 
for  the  removal  of  all  difficulties  will  soon  enable  the  boards  appointed 
under  the  sixth  and  seventh  articles  of  our  treaty  with  that  nation  to 
proceed  and  bring  the  busiaiess  committed  to  them  respectively  to  a  satis- 
factor>^  conclusion. 

The  buildings  for  the  accommodation  of  Congress  and  of  the  President 
and  for  the  public  offices  of  the  Government  at  its  permanent  seat  being 
in  such  a  state  as  to  admit  of  a  removal  to  that  District  by  the  time  pre- 
scribed by  the  act  of  Congress,  no  obstacle,  it  is  presumed,  will  exist  to 
a  compliance  with  the  law. 

With  you,  sir,  we  deem  the  present  period  critical  and  momentous. 
The  important  changes  which  are  occurring,  the  new  and  great  events 
which  are  every  hour  preparing  in  the  political  world,  the  spirit  of  war 
which  is  prevalent  in  almost  every  nation  with  whose  affairs  the  interests 


296  Messages  and  Papers  of  the  Presidents 

of  the  United  States  have  any  connection,  demonstrate  how  unsafe  and 
precarious  would  be  our  situation  should  we  neglect  the  means  of  main- 
taining our  just  rights.  Respecting,  as  we  have  ever  done,  the  rights  of 
others,  America  estimates  too  correctly  the  value  of  her  own  and  has 
received  evidence  too  complete  that  they  are  only  to  l^e  preserved  by  her 
own  vigilance  ever  to  permit  herself  to  be  seduced  by  a  love  of  ease  or 
by  other  considerations  into  that  deadly  disregard  of  the  means  of  self- 
defense  which  could  only  result  from  a  carelessness  as  criminal  as  it 
would  be  fatal  concerning  the  future  destinies  of  our  growing  Republic. 
The  result  of  the  mission  to  France  is  indeed,  sir,  uncertain.  It  depends 
not  on  America  alone.  The  most  pacific  temper  will  not  always  insure 
peace.  We  should  therefore  exhibit  a  system  of  conduct  as  indiscreet 
as  it  would  be  new  in  the  history  of  the  world  if  we  considered  the  nego- 
tiation happily  terminated  l)ecause  we  have  attempted  to  commence  it, 
and  peace  restored  because  we  wish  its  restoration.  But,  sir,  however 
this  mission  may  terminate,  a  steady  perseverance  in  a  system  of  national 
defense  commensurate  with  our  resources  and  the  situation  of  our  coun- 
try is  an  obvious  chctate  of  duty.  Experience,  the  parent  of  wisdom 
and  the  great  instructor  of  nations,  has  established  the  truth  of  your 
position,  that,  remotely  as  we  are  placed  from  the  belligerent  nations  and 
desirous  as  we  are,  by  doing  justice  to  all,  to  avoid  oflFense  to  any,  yet 
nothing  short  of  the  power  of  repelling  aggressions  will  secure  to  our 
country  a  rational  prospect  of  escaping  the  calamities  of  war  or  national 
degradation. 

In  the  progress  of  the  session  we  shall  take  into  our  serious  considera- 
tion the  various  and  important  matters  recommended  to  our  attention. 

A  life  devoted  to  the  service  of  your  countr>',  talents  and  integrity 
which  have  so  justly  acquired  and  so  long  retained  the  confidence  and 
affection  of  your  fellow-citizens,  attest  the  sincerity  of  your  declaration 
that  it  is  3^our  anxious  desire  so  to  execute  the  trust  reposed  in  you  as  to 
render  the  people  of  the  United  States  prosperous  and  happy. 

December  9,  1799. 

reply  of  the  president. 

United  States,  December  to,  //pp. 
Gentlemen  of  the  House  of  Representatives: 

This  very  respectful  address  from  the  Representatives  of  the  people  of 
the  United  States,  at  their  first  assembly  after  a  fre^h  election,  luider  the 
strong  impression  of  the  public  opinion  and  national  sense,  at  this  inter- 
esting and  singular  crisis  of  our  public  affairs,  has  excited  my  sensibility 
and  receives  my  sincere  and  grateful  acknowledgments. 

As  long  as  we  can  maintain  with  harmony  and  affection  the  honor  of 
our  country  consistently  vnth.  its  peace,  externally  and  internally,  while 
that  is  attainable,  or  in  war  when  that  becomes  necessary,  assert  its  real 


John  Adams  297 

independence  and  sovereignty,  and  support  the  constitutional  energies 
and  dignity  of  its  Government,  we  may  be  perfectly  sure,  under  the 
smiles  of  Divine  Providence,  that  we  shall  effectually  promote  and  extend 
our  national  interest  and  happiness. 

The  applause  of  the  Senate  and  House  of  Representatives,  so  justly 
bestowed  upon  the  volunteers  and  militia  for  their  zealous  and  active 
cooperation  with  the  judicial  power,  which  has  restored  order  and  sul)- 
mission  to  the  laws,  as  it  comes  with  peculiar  weight  and  propriety  from 
the  I^egislature,  can  not  fail  to  have  an  extensive  and  permanent  effect 
for  the  support  of  Government  upon  all  those  ingenuous  minds  who 
receive  delight  from  the  approving  and  animating  voice  of  their  country, 

JOHN  ADAMS. 


SPECIAL  MESSAGBvS. 

United  States,  December  ^ ,  ^799- 
Gentlemen  of  the  Senate  and  Gentlemen  of  the  Honse  of  Representatives: 

I  transmit  to  Congress  certain  documents  which  have  relation  to  the 
communications  made  on  Tuesday,  on  the  subjects  of  the  insurrection  in 
Pennsylvania,  the  renewal  of  commerce  with  St.  Domingo,  and  the  mis- 
sion to  the  French  Republic. 

JOHN  ADAMS. 

United  States,  December  6,  1799. 
Gentlemen  of  the  Senate: 

I  lay  before  you,  for  your  consideration,  a  treaty  of  amity  and  com- 
merce between  the  United  States  and  the  King  of  Prussia,  signed  by 
their  ministers  on  the  nth  of  July  last. 

JOHN  ADAMS. 

United  States,  Decejnber  /<?,  1799. 
Gentleme7i  of  the  Senate  and  Gentlemen  of  the  House  of  Representatives: 

The  letter  herewith  transmitted  will  infonn  you  that  it  has  pleased 
Divine  Providence  to  remov'e  from  this  life  our  excellent  fellow -citizen, 
George  Washington,  by  the  purity  of  his  character  and  a  long  series  of 
services  to  his  countrj^  rendered  illustrious  through  the  world.  It 
remains  for  an  affectionate  and  grateful  people,  in  whose  hearts  he  can 
never  die,  to  pay  suitable  honors  to  his  memory. 

JOHN  ADAMS. 

Mount  Vernon,  December  /j,  1799. 
The  President  of  the  United  States. 

Sir:  It  is  with  inexpressible  grief  that  I  have  to  announce  to  you  the  death  of  the 
great  and  good  General  Washington.     He  died  last  evening  between  10  and  11 


298  Messages  and  Papers  of  the  Presidents 

o'clock,  after  a  short  illness  of  about  twenty  hours.  His  disorder  was  an  inflam- 
matory sore  throat,  which  proceeded  from  a  cold  of  which  he  made  but  little  com- 
plaint on  Friday.  On  Saturday  morning  alxjut  3  o'clock  he  became  ill.  Dr.  Craik 
attended  him  in  the  morning,  and  Dr.  Dick,  of  Alexandria,  and  Dr.  Brown,  of  Port 
Tobacco,  were  soon  after  called  in.  Every  medical  assistance  was  offered,  but  with- 
out the  desired  effect.  His  last  scene  corresponded  with  the  whole  tenor  of  his  life; 
not  a  groan  nor  a  complaint  escaped  him  in  extreme  di.stress.  With  perfect  resig- 
nation and  in  full  possession  of  his  reason,  he  closed  his  well-spent  life. 

I  have  the  honor  to  be,  with  the  highest  respect,  sir,  your  most  obedient  and  very 
liunible  servant, 

TOBIAS  LEAR. 

The  Senate,  ha^^ng  resolved  to  wait  on  the  President  of  the  United 
States  "to  condole  with  him  on  the  distressing  event  of  the  death  of 
General  George  Washington,"  proceeded  to  the  house  of  the  President, 
when  the  President  of  the  Senate,  in  their  name,  presented  the  address 
which  had  previously  been  agreed  to,  as  follows: 

The  PrEvSident  of  the  United  States: 

The  Senate  of  the  United  States  respectfully  take  leave,  .sir,  to  express 
to  3'OU  their  deep  regret  for  the  loss  their  country  sustains  in  the  death 
of  General  George  Wa.shington. 

This  event,  .so  distressing  to  all  our  fellow-citizens,  must  be  peculiarly 
heavy  to  you,  who  have  long  been  associated  with  him  in  deeds  of  patri- 
otism. Permit  us,  sir,  to  mingle  our  tears  with  yours.  On  this  occasion 
it  is  manly  to  weep.  To  lose  such  a  man  at  such  a  crisis  is  no  common 
calamity  to  the  world.  Our  country  mourns  her  father.  The  Almighty 
Disposer  of  Human  Events  has  taken  from  us  our  greatest  benefactor  and 
ornament.  It  becomes  us  to  submit  with  reverence  to  Him  who  mak- 
eth  darkness  His  pavilion. 

With  patriotic  pride  we  review  the  life  of  our  Washington  and  com- 
pare him  with  those  of  other  countries  who  have  been  preeminent  in 
fame.  Ancient  and  modern  names  are  diminished  before  him.  Great- 
ness and  guilt  have  too  often  been  allied,  but  his  fame  is  whiter  than 
it  is  brilliant.  The  destroyers  of  nations  stood  abashed  at  the  majesty 
of  his  virtue.  It  reproved  the  intemperance  of  their  ambition  and  dark- 
ened the  splendor  of  victory.  The  vScene  is  closed,  and  we  are  no  longer 
anxious  lest  misfortune  should  sully  his  glory.  He  has  traveled  on  to 
the  end  of  his  journey  and  carried  with  him  an  increasing  weight  of 
honor.  He  has  deposited  it  safely,  where  misfortune  can  not  tarni.sh 
it,  where  malice  can  not  blast  it.  Favored  of  Heaven,  he  departed  with- 
out exhibiting  the  weakness  of  humanity.  Magnanimous  in  death,  the 
darkness  of  the  grave  could  not  obscure  his  brightness. 

Such  was  the  man  whom  we  deplore.  Thanks  to  God,  his  glon.^  is 
consummated.  Washington  yet  lives  on  earth  in  his  spotless  example; 
his  spirit  is  in  Heaven. 

Let  his  country meu  consecrate  the  memory  of  the  heroic  general,  the 


John  Adams  299 

patriotic  statesman,  and  the  virtuous  sage.  Let  them  teach  their  children 
never  to  forget  that  the  fruit  of  his  labors  and  his  example  are  their 
inheritance. 

SAMUEL  LIVERMORE, 
President  of  the  Senate  pro  tempore. 
December  23,  1799. 

To  which  the  President  replied  as  follows: 

United  States,  December  ^?,  rjgg. 
Gentlemen  of  the  Senate: 

I  receive  with  the  most  respectful  and  affectionate  sentiments  in  this 
impressive  address  the  obliging  expressions  of  your  regard  for  the  loss 
our  country  has  sustained  in  the  death  of  her  most  esteemed,  Ijeloved, 
and  admired  citizen. 

In  the  multitude  of  my  thoughts  and  recollections  on  this  melancholy 
event  you  will  permit  me  only  to  say  that  I  have  seen  him  in  the  days  of 
adversity,  in  some  of  the  scenes  of  his  deepest  distress  and  most  tr>nng 
perplexities;  I  have  also  attended  him  in  his  highest  elevation  and  most 
prosperous  felicity,  with  uniform  admiration  of  his  wisdom,  moderation, 
and  constancy. 

Among  all  our  original  associates  in  that  memorable  league  of  the  con- 
tinent in  1774,  which  first  expressed  the  sovereign  will  of  a  free  nation 
in  America,  he  was  the  only  one  remaining  in  the  General  Government. 
Although  with  a  constitution  more  enfeebled  than  his  at  an  age  when 
he  thought  it  necessary  to  prepare  for  retirement,  I  feel  myself  alone 
bereaved  of  my  last  brother;  yet  I  derive  a  strong  consolation  from  the 
unanimous  disposition  which  appears  in  all  ages  and  classes  to  mingle 
their  sorrows  with  mine  on  this  common  calamity  to  the  world. 

The  life  of  our  Washington  can  not  suffer  by  comparison  with  those 
of  other  countries  who  have  been  most  celebrated  and  exalted  by  fame. 
The  attributes  and  decorations  of  royalty  could  have  only  ser\-ed  to 
eclipse  the  majesty  of  those  virtues  which  made  him.  from  being  a 
modest  citizen,  a  more  resplendent  luminary. 

Misfortune,  had  he  lived,  could  hereafter  have  sullied  his  glor>'  only 
with  those  superficial  minds  who,  belie\nng  that  characters  and  actiotis 
are  marked  by  success  alone,  rarely  deser\'e  to  enjoy  it.  Malice  could 
never  blast  his  honor,  and  envy  made  him  a  singular  exception  to  her 
universal  rule.  For  himself,  he  had  lived  enough  to  life  and  to  glor>'. 
For  his  fellow-citizens,  if  their  prayers  could  have  been  answered,  he 
would  have  been  immortal.  For  me,  his  departure  is  at  a  most  unfortu- 
nate moment.  Trusting,  however,  in  the  wnse  and  righteous  dominion 
of  Providence  over  the  passions  of  men  and  the  results  of  their  councils 
and  actions,  as  well  as  over  their  lives,  nothing  remains  for  me  but 
humble  resignation. 


300  Messages  and  Papers  of  the  Presidents 

His  example  is  now  complete,  and  it  will  teach  wisdom  ana  virtue  to 
magistrates,  citizens,  and  men,  not  only  in  the  present  age,  but  in  future 
generations  as  long  as  our  history  shall  be  read.  If  a  Trajan  found  a 
Pliny,  a  Marcus  Aurelius  can  never  want  biographers,  eulogists,  or  his- 
torians. JOHN  ADAMS. 

The  House  of  Representatives  having  resolved  unanimously  to  wait  on 
the  President  of  the  United  States  ' '  in  condolence  of  this  national  calam- 
ity," the  Speaker,  attended  by  the  House,  withdrew  to  the'house  of  the 
President,  when  the  Speaker  addressed  the  President  as  follows: 

Sir:  The  House  of  Representatives,  penetrated  with  a  sense  of  the 
irreparable  loss  sustained  by  the  nation  in  the  death  of  that  great  and 
good  man,  the  illustrious  and  l^eloved  Washington,  wait  on  you,  sir,  to 
express  their  condolence  on  this  melancholy  and  distressing  event. 

To  which  the  President  replied  as  follows: 

United  States  December  /p,  1799. 
Gentlemen  of  the  House  of  Representatives: 

I  receive  with  great  respect  and  affection  the  condolence  of  the  House 
of  Representatives  on  the  melancholy  and  affecting  event  in  the  death 
of  the  most  illustrious  and  beloved  personage  which  this  country  ever 
produced.  I  sympathize  with  you,  with  the  nation,  and  with  good  men 
through  the  world  in  this  irreparable  loss  sustained  by  us  all. 

JOHN  ADAMS. 

United  States,  December  ji,  jygp. 
Gentlemen  of  the  Senate: 

I  nominate  Timothy  Pickering,  Secretary  of  State;  Oliver  Wolcott, 
Secretary  of  the  TreavSury,  and  Samuel  Sitgreaves,  esq. ,  of  Pennsylvania, 
to  be  commissioners  to  adjust  and  determine,  with  conmiis-sioners  appointed 
under  the  legislative  authority  of  the  State  of  Georgia,  all  interfering  claims 
of  the  United  States  and  that  State  to  territories  situate  west  of  the  river 
Chatahouchee,  north  of  the  thirty-first  degree  of  north  latitude,  and  south 
of  the  ceasion  made  to  the  United  States  by  South  Carolina;  and  also  to 
receive  any  proposals  for  the  relinquishment  or  cession  of  the  whole  or 
any  part  of  the  other  territory  claimed  by  the  State  of  Georgia,  and  out 
of  the  ordinary  jurisdiction  thereof,  according  to  the  law  of  the  United 
States  of  the  ytli  of  April,  1798. 

JOHN  ADAMS. 

United  States,  fanuary  8,  1800. 
Gentlemen  of  the  Senate  and  Gentlemen  of  the  House  of  Representatives: . 

In  compliance  with  the  request  in  one  of  the  resolutions  of  Congress  of 
the  2ist  of  December  last,  I  transmitted  a  copy  of  these  resolutions,  by 


John  Adams  301 

my  secretary,  Mr.  Shaw,  to  Mrs.  Washington,  assuring  her  of  the  pro- 
found respect  Congress  will  ever  bear  to  her  person  and  character,  of 
their  condolence  in  the  late  afflicting  dispensation  of  Providence,  and 
entreating  her  assent  to  the  interment  of  the  remains  of  General  George 
Washington  in  the  manner  expressed  in  the  first  resolution.  As  the 
sentiments  of  that  virtuous  lady,  not  less  beloved  by  this  nation  than  she 
is  at  present  greatly  afflicted,  can  never  be  so  well  expressed  as  in  her 
own  words,  I  transmit  to  Congress  her  original  letter. 

It  would  be  an  attempt  of  too  much  delicacy  to  make  any  comments 
upon  it,  but  there  can  be  no  doubt  that  the  nation  at  large,  as  well  as 
all  the  branches  of  the  Government,  will  l)e  highly  gratified  by  any 
arrangement  which  may  diminish  the  sacrifice  she  makes  of  her  individual 
feeUngs. 

JOHN  ADAMS. 

Mount  Vernon,  December 31,  7799. 
The  President  of  the  United  States. 

Sir:  Wliile  I  feel  with  keenest  anguish  the  late  dispensation  of  Divine  Providence, 
I  can  not  be  insensible  to  the  mournful  tributes  of  respect  and  veneration  which  are 
paid  to  the  memory  of  my  dear  deceased  husband;  and  as  his  best  services  and  most 
anxious  wishes  were  always  devoted  to  the  welfare  and  happiness  of  his  country,  to 
know  that  they  were  truly  appreciated  and  gratefully  remembered  affords  no  incon- 
siderable consolation. 

Taught  by  the  great  example  which  I  have  so  long  had  before  me  never  to  oppose 
my  private  wishes  to  the  public  will,  I  must  consent  to  the  request  made  by  Congress, 
which  you  have  had  the  goodness  to  transmit  to  me;  and  in  doing  this  I  need  not, 
I  can  not,  say  what  a  sacrifice  of  individual  feeling  I  make  to  a  sense  of  public  duty. 

With  grateful  acknowledgments  and  unfeigned  thanks  for  tlie  personal  respect  and 
evidences  of  condolence  expressed  by  Congress  and  yourself,  I  remain,  very  respect- 
fully, sir,  your  most  obedient,  hiuuble  servant, 

MARTHA  WASHINGTON. 


United  St h.rTS.s,  January  rj,  1800. 
Gentlemen  oj  the  Senate  and  Gentlemen  oj  the  House  oj  Rcpresaitatives: 

A  report  made  to  me  on  the  5th  of  this  month  by  the  Secretar>'  of  War 
contains  various  matters  in  which  the  honor  and  safety  of  the  nation  are 
deeply  interested.     I  transmit  it,  therefore,  to  Congress  and  recommend 

it  to  their  serious  consideration. 

JOHN  ADAMS. 

United  States, /awz^ry  ^4^  1800. 

Gentlemen  oJ  the  House  of  Representatives: 

As  the  inclosed  letter  from  a  member  of  your  House  received  by  me  in 
the  night  of  Saturday,  the  nth  instant,  relates  to  the  privileges  of  the 
House,  which,  in  my  opinion,  ought  to  ])e  inquired  into  in  the  Hou.se 
itself,  if  anywhere,  I  have  thought  proper  to  submit  the  whole  letter  aud 


302  Messages  and  Papers  of  the  Presidetits 

its  tendencies  to  your  consideration  without  any  other  comments  on  its 
matter  or  style;  but  as  no  gross  impropriety  of  conduct  on  the  part  of 
persons  holcUng  commissions  in  the  Army  or  Navy  of  the  United  States 
ought  to  pass  without  due  animadversion,  I  have  directed  the  Secretary 
of  War  and  the  Secretary-  of  the  Navy  to  investigate  the  conduct  com- 
plained of  and  to  report  to  me  without  delay  such  a  statement  of  facts  as 
will  enable  me  to  decide  on  the  course  which  duty  and  justice  shall  appear 

to  prescribe. 

JOHN  ADAMS. 


United  States, /aw ^^ary  23,  1800. 
Gentlemen  of  the  Senate  and  Gentlctyien  of  the  House  of  Representatives: 

I  transmit  to  Congress  for  the  information  of  the  members  a  report  of 
the  Secretary  of  State  of  the  9th  instant,  a  letter  from  Matthew  Clarkson, 
esq.,  to  him  of  the  2d,  and  a  list  of  the  claims  adjusted  by  the  commis- 
sioners under  the  twenty-first  article  of  our  treaty  with  Spain. 

JOHN  ADAMS. 

United  States,  February  14.,  1800. 
Geyitlemen  of  the  House  of  Representatives: 

I  transmit  herewith  a  copy  of  the  laws  enacted  by  the  governor  and 
judges  of  the  Mississippi  Territory,  for  the  inspection  of  Congress.  There 
being  but  this  one  copy,  I  must  request  the  House,  when  they  have  made 
the  requisite  examination,  to  send  it  to  the  Senate. 

JOHN  ADAMS. 


PROCLAMATIONS. 

[From  C.  F.  Adams's  Works  of  John  Adams,  Vol.  IX,  p.  177.] 

PROCLAMATION. 

May  9,  1800. 

Whereas  by  an  act  of  Congress  of  the  United  States  passed  the  27th 
day  of  February  la.st,  entitled  "An  act  further  to  .suspend  the  commercial 
intercourse  l)etween  the  United  States  and  France  and  the  dependencies 
thereof, "  it  is  enacted  that  at  any  time  after  the  passing  of  the  said  act 
it  shall  be  lawful  for  the  President  of  the  United  States,  by  his  order, 
to  remit  and  discontinue  for  the  time  being,  whenever  he  shall  deem 
it  expedient  and  for  the  interest  of  the  United  States,  all  or  any  of 
the  restraints  and  prohibitions  imposed  by  the  .said  act  in  respect  to 
the  territories  of  the  French  Republic,  or  to  any  island,  port,  or  place 
belonging  to  the  said  Repubhc  with  which,  in  his  opinion,  a  commercial 


John  Adams  303 

intercourse  may  be  safely  renewed,  and  to  make  proclamation  thereof 
accordingly;  and  it  is  also  thereby  further  enacted  that  the  whole  of  the 
island  of  Hispaniola  shall,  for  the  purposes  of  the  said  act,  be  considered 
as  a  dependence  of  the  French  Republic;  and 

Whereas  the  circumstances  of  certain  ports  and  places  of  the  said 
island  not  comprised  in  the  proclamation  of  the  26th  day  of  June,  1799, 
are  such  that  I  deem  it  expedient  and  for  the  interest  of  the  United 
States  to  remit  and  discontinue  the  restraints  and  prohibitions  imposed 
by  the  said  act  in  respect  to  those  ports  and  places  in  order  that  a  com- 
mercial intercounse  with  the  same  may  be  renewed: 

Therefore  I,  John  Adams,  President  of  the  United  States,  by  virtue 

of  the  powers  vested  in  me  as  aforesaid,  do  hereby  remit  and  discontinue 

the  restraints  and  prohibitions  imposed  by  the  act  aforesaid  in  respect  to 

all  the  ports  and  places  in  the  said  island  of  Hispaniola  from  Monte 

Christi  on  the  north,  round  by  the  eastern  end  thereof  as  far  as  the  port 

of  Jacmel  on  the  south,  inclusively.     And  it  shall  henceforth  be  lawful 

for  vessels  of  the  United  States  to  enter  and  trade  at  any  of  the  said  ports 

and  places,  provided  it  be  done  with  the  consent  of  the  Govenuuent  of 

St.   Domingo.     And  for  this  purpose  it  is  hereby  required  that  such 

vessels  first  enter  the  port  of  Cape  Frangois  or  Port  Republicain,  in  the 

said  island,  and  there  obtain  the  passports  of  the  said  Government,  which 

shall  also  be  signed  by  the  consul-general  or  consul  of  the  United  States 

residing  at  Cape  Francois  or  Port  Republicain,  permitting  such  vessel  to 

go  thence  to  the  other  ports  and  places  of  the  said  island  hereinbefore 

mentioned  and  described.     Of  all  which  the  collectors  of  the  customs 

and  all  other  officers  and  citizens  of  the  United  States  are  to  take  due 

notice  and  govern  themselves. 

In  testimony,  etc. 

JOHN  ADAMS. 

[From  Auuals  of  Congress,  Seveut'h  Congress,  second  session,  1552.] 

proclamation. 

By  John  Adams,  President  of  the  United  States  of  America. 

Whereas  the  late  wicked  and  treasonable  insurrection  against  the  just 
authority  of  the  United  States  of  sundry  persons  in  the  counties  of  North- 
ampton, Montgomery,  and  Bucks,  in  the  State  of  Pennsylvania,  in  the 
year  1799,  having  been  speechly  suppressed  without  any  of  the  calamities 
usually  attending  rebellion;  whereupon  peace,  order,  and  submission  to 
the  laws  of  the  United  States  were  restored  in  the  aforesaid  counties,  and 
the  ignorant,  misguided,  and  misinformed  in  the  counties  have  returned 
to  a  proper  sense  of  their  duty,  whereby  it  is  become  unnecessary  for  the 
pubUc  good  that  any  future  prosecutions  should  be  commenced  or  car- 
ried on  against  any  person  or  persons  by  reason  of  their  being  concerned 
in  the  said  insurrection: 


304  Messages  and  Papers  of  the  Presidents 

Wherefore  be  it  known  that  I,  John  Adams,  President  of  the  United 
States  of  America,  have  granted,  and  by  these  presents  do  grant,  a  full, 
free,  and  absolute  pardon  to  all  and  every  person  or  persons  concerned 
in  the  said  insurrection,  excepting  as  hereinafter  excepted,  of  all  treasons, 
misprisions  of  treason,  felonies,  misdemeanors,  and  other  crimes  by  them 
respectively  done  or  committed  against  the  United  States  in  either  of  the 
said  counties  before  the  12th  day  of  March,  in  the  year  1799,  excepting 
and  excluding  therefrom  every  person  who  now  standeth  indicted  or  con- 
victed of  any  treason,  misprision  of  treason,  or  other  offense  against  the 
United  States,  whereby  remedying  and  releasing  unto  all  persons,  except 
as  before  excepted,  all  pains  and  penalties  incurred,  or  supposed  to  be 
incurred,  for  or  on  account  of  the  premises. 

Given  under  my  hand  and  the  seal  of  the  United  States  of  America, 

at  the  city  of  Philadelphia,  this  21st  day  of  May,  A.  D.  1800, 

L  -I     and  of  the  Independence  of  the  said  States  the  twenty-fourth. 

JOHN  ADAMS. 


By  John  Adams,  President  of  the  United  States  of  America. 

A  PROCLAMATION. 

Whereas  by  an  act  of  the  Congress  of  the  United  States  pa,ssed  on 
the  27th  day  of  February  last,  entitled  "An  act  further  to  suspend  the 
commercial  intercourse  between  the  United  States  and  France  and  the 
dependencies  thereof,"  it  is  enacted  "that  at  any  time  after  the  pass- 
ing of  the  said  act  it  shall  be  lawful  for  the  President  of  the  United 
States,  by  his  order,  to  remit  and  discontinue  for  the  time  being,  when- 
ever he  shall  deem  it  expedient  and  for  the  interest  of  the  United  States, 
all  or  any  of  the  restraints  and  prohibitions  imposed  by  the  said  act  in 
respect  to  the  territories  of  the  French  Repubhc,  or  to  any  island,  jxjrt, 
or  place  belonging  to  the  said  Republic  with  which,  in  his  opinion,  a 
commercial  intercourse  may  be  safely  renewed,  and  to  make  proclama- 
tion thereof  accordingly;  "  and  it  is  also  thereby  further  enacted  that  the 
whole  of  the  island  of  Hispaniola  shall,  for  the  purposes  of  the  said  act, 
be  considered  as  a  dependence  of  the  French  Republic;  and 

Whereas  the  circumstances  of  the  said  island  are  such  that,  in  my 
opinion,  a  commercial  intercotu-se  may  safely  be  renewed  with  every  part 
thereof,  under  the  limitations  and  re.strictions  hereinafter  mentioned: 

Therefore  I,  John  Adams,  President  of  the  United  States,  by  virtue  of 
the  powers  vested  in  me  as  aforesaid,  do  hereby  remit  and  discontinue 
the  restraints  and  prohibitions  imposed  by  the  act  aforesaid  in  respect 
to  every  part  of  the  said  island,  so  that  it  shall  be  lawful  for  vessels  of 
the  United  States  to  trade  at  any  of  the  ports  and  places  thereof,  pro- 
vided it  be  done  with  the  consent  of  the  Government  of  St.  Domingo; 
and  for  this  purpose  it  is  hereby  required  that  such  vessels  first  clear 


John  Adams  ^05 

for  and  enter  the  port  of  Cape  Fran^ais  or  Port  Republicain,  in  the  said 
island,  and  there  obtain  the  passports  of  the  said  Government,  which 
shall  also  be  signed  by  the  consul-general  of  the  United  States,  or  their 
consul  residing  at  Cape  Franyais,  or  their  consul  residing  at  Port  Repub- 
licain, permitting  such  vessels  to  go  thence  to  the  other  ports  and  places 
of  the  said  island.  Of  all  which  the  collectors  of  the  customs  and  all 
other  officers  and  citizens  of  the  United  States  are  to  take  due  notice  and 
govern  themselves  accordingly. 

Given  under  my  hand  and  the  seal  of  the  United  States  of  America, 
at  the  city  of  Washington,  this  6th  day  of  September,  A.  D. 
[SEAi,.]     1800,  and  of  the  Independence  of  the  said  States  the  twenty- 
fifth. 

JOHN  ADAMS. 
By  the  President: 

J.  MARSHAI.L, 

Secretary  of  State. 


FOURTH  ANNUAL  ADDRESS. 

United  States,  November  22,  1800. 
Gentlemeti  of  the  Senate  and  Gentlemen  of  the  House  of  Representatives: 

Inmiediately  after  the  adjournment  of  Congress  at  their  last  session 
in  Philadelphia  I  gave  directions,  in  compliance  with  the  laws,  for  the 
removal  of  the  public  offices,  records,  and  property.  These  directions 
have  been  executed,  and  the  public  officers  have  since  resided  and  con- 
ducted the  ordinary  business  of  the  Government  in  this  place. 

I  congratulate  the  people  of  the  United  States  on  the  assembling  of 
Congress  at  the  permanent  seat  of  their  Govenunent,  and  I  congratu- 
late you,  gentlemen,  on  the  prospect  of  a  residence  not  to  Ije  changed. 
Although  there  is  cause  to  apprehend  that  accommodations  are  not  now 
so  complete  as  might  be  wished,  yet  there  is  great  reason  to  believe  that 
this  inconvenience  will  cease  with  the  present  session. 

It  would  be  unbecoming  the  representatives  of  this  nation  to  assemble 
for  the  first  time  in  this  solemn  temple  without  looking  up  to  the  Supreme 
Ruler  of  the  Universe  and  imploring  His  blessing. 

May  this  territory  be  the  residence  of  virtue  and  happiness !  In  this 
city  may  that  piety  and  virtue,  that  wisdom  and  magnanimity,  that  con- 
stancy and  self-govennnent,  which  adorned  the  great  character  whose 
name  it  bears  be  forever  held  in  veneration !  Here  and  throughout  our 
country  may  simple  manners,  pure  morals,  and  true  religion  flourish 
forever! 

It  is  with  you,  gentlemen,  to  consider  whether  the  local  powers  over 
the  District  of  Columbia  vested  by  the  Constitution  in  the  Congress  of 
M  P — voiy  I — 20 


3o6  Messages  and  Papers  of  the  Presidetits 

the  United  States  shall  be  immediately  exercised.  If  iu  your  opinion 
this  important  trust  ought  now  to  be  executed,  you  can  not  fail  while 
performing  it  to  take  into  view  the  future  probable  situation  of  the  terri- 
tory for  the  happiness  of  which  you  are  about  to  provide.  You  will 
consider  it  as  the  capital  of  a  great  nation  advancing  with  unexampled 
rapidity  in  arts,  in  commerce,  in  wealth,  and  in  population,  and  possess- 
ing within  itself  those  energies  and  resources  which,  if  not  thrown  away 
or  lamentably  misdirected,  will  secure  to  it  a  long  course  of  prosperity 
and  self-government. 

In  compliance  with  a  law  of  the  last  session  of  Congress,  the  officers 
and  soldiers  of  the  temporary  army  have  been  discharged.  It  affords 
real  pleasure  to  recollect  the  honorable  testimony  they  gave  of  the  patri- 
otic motives  which  brought  them  into  the  service  of  their  country,  by 
the  readiness  and  regularity  with  which  they  returned  to  the  station  of 
private  citizens. 

It  is  in  every  point  of  view  of  such  primary  importance  to  carry  the 
laws  into  prompt  and  faithful  execution,  and  to  render  that  part  of  the 
administration  of  justice  which  the  Constitution  and  laws  devolve  on  the 
Federal  courts  as  convenient  to  the  people  as  may  consist  with  their 
present  circumstances,  that  I  can  not  omit  once  more  to  recommend  to 
your  serious  consideration  the  judiciary  system  of  the  United  States. 
No  subject  is  more  interesting  than  this  to  the  public  happiness,  and  to 
none  can  those  improvements  which  may  have  been  suggested  by  expe- 
rience be  more  beneficially  applied. 

A  treaty  of  amity  and  commerce  with  the  King  of  Prussia  has  been 
concluded  and  ratified.  The  ratifications  have  been  exchanged,  and  I 
have  directed  the  treaty  to  be  promulgated  by  proclamation. 

The  difficulties  which  suspended  the  execution  of  the  sixth  article  of 
our  treaty  of  amity,  commerce,  and  navigation  with  Great  Britain  have 
not  yet  been  removed.  The  negotiation  on  this  subject  is  still  depending. 
As  it  must  be  for  the  interest  and  honor  of  both  nations  to  adjust  this 
difference  with  good  faith,  I  indulge  confidently  the  expectation  that 
the  sincere  endeavors  qf  the  Government  of  the  United  States  to  bring  it 
to  an  amicable  termination  will  not  be  disappointed. 

The  envoys  extraordinary  and  ministers  plenipotentiary  from  the 
United  States  to  France  were  received  by  the  First  Consul  with  the 
respect  due  to  their  character,  and  three  persons  with  equal  powers  were 
appointed  to  treat  with  them.  Although  at  the  date  of  the  last  official 
intelligence  the  negotiation  had  not  terminated,  yet  it  is  to  be  hoped  that 
our  efforts  to  effect  an  accommodation  will  at  length  meet  with  a  success 
proportioned  to  the  .sincerity  with  which  they  have  been  so  often  repeated. 

While  our  best  endeavors  for  the  preservation  of  harmony  with  all 
nations  will  continue  to  be  used,  the  experience  of  the  world  and  our  own 
experience  admonish  us  of  the  insecurity  of  trusting  too  confidently  to 
their  success.     We  can  not,  without  committing  a  dangerous  impru- 


John  Adams  307 

dence,  abandon  those  measures  of  self -protection  which  are  adapted  to  our 
situation  and  to  which,  notwithstanding  our  pacific  poHcy,  the  violence 
and  injustice  of  others  may  again  compel  us  to  resort  While  our  vast 
extent  of  seacoast,  the  commercial  and  agricultural  habits  of  our  people, 
the  great  capital  they  will  continue  to  trust  on  the  ocean,  suggest  the 
system  of  defense  which  will  be  most  beneficial  to  ourselves,  our  distance 
from  Europe  and  our  resources  for  maritime  strength  will  enable  us  to 
employ  it  with  effect.  Seasonable  and  systematic  arrangements,  so  far 
as  our  resources  will  justify,  for  a  navy  adapted  to  defensive  war,  and 
which  may  in  case  of  necessity  be  quickly  brought  into  use,  seem  to  be 
as  much  recommended  by  a  wise  and  true  economy  as  by  a  just  regard 
for  our  future  tranquillity,  for  the  safety  of  our  shores,  and  for  the  pro- 
tection of  our  property  committed  to  the  ocean. 

The  present  Navy  of  the  United  States,  called  suddenly  into  existence 
by  a  great  national  exigency,  has  raised  us  in  our  own  esteem,  and  by  the 
protection  afforded  to  our  commerce  has  effected  to  the  extent  of  our 
expectations  the  objects  for  which  it  was  created. 

In  connection  with  a  navy  ought  to  be  contemplated  the  fortification 
of  some  of  our  principal  seaports  and  harbors.  A  variety  of  considera- 
tions, which  will  readily  suggest  themselves,  urge  an  attention  to  this 
measure  of  precaution.  To  give  security  to  our  principal  ports  consid- 
erable sums  have  already  been  expended,  but  the  works  remain  incomplete. 
It  is  for  Congress  to  determine  whether  additional  appropriations  shall 
be  made  in  order  to  render  competent  to  the  intended  purposes  the  forti- 
fications which  have  been  commenced. 

The  manufacture  of  arms  within  the  United  States  still  invites  the 
attention  of  the  National  Legislature.  At  a  considerable  expense  to  the 
public  this  manufacture  has  been  brought  to  such  a  state  of  maturity  as, 
with  continued  encouragement,  will  supersede  the  necessity  of  future 
importations  from  foreign  countries. 

Gentlemen  of  the  House  of  Representatives: 

I  shall  direct  the  estimates  of  the  appropriations  necessary  for  the 
ensuing  year,  together  with  an  account  of  the  public  revenue  and  expend- 
iture to  a  late  period,  to  be  laid  before  you.  I  observe  with  much  satis- 
faction that  the  product  of  the  revenue  during  the  present  year  has  been 
more  considerable  than  during  any  former  equal  period.  This  result 
affords  conclusive  evidence  of  the  great  resources  of  this  country  and  of 
the  wisdom  and  efficiency  of  the  measures  which  have  been  adopted  by 
Congress  for  the  protection  of  commerce  and  preser\'ation  of  public  credit. 

Gentlemen  of  the  Senate  and  Gentlemen  of  the  House  of  Representatives: 

As  one  of  the  grand  community  of  nations,  our  attention  is  irresistibly 
drawn  to  the  important  scenes  which  surround  us.  If  they  have  exhib- 
ited an  uncommon  portion  of  calamity,  it  is  the  province  of  humanity  to 


3o8  Messages  and  Papers  of  the  Presidents 

deplore  and  of  wisdom  to  avoid  the  causes  which  may  have  produced 
it.  If,  turning  our  eyes  homeward,  we  find  reason  to  rejoice  at  the 
prospect  which  presents  itself;  if  we  perceive  the  interior  of  our  country 
prosperous,  free,  and  happy;  if  all  enjoy  in  safety,  under  the  protection  of 
laws  emanating  only  from  the  general  will,  the  fruits  of  their  own  labor, 
we  ought  to  fortify  and  cling  to  those  institutions  which  have  been  the 
source  of  such  real  felicity  and  resist  with  unabating  perseverance  the 
progress  of  those  dangerous  innovations  which  may  diminish  their 
influence. 

To  your  patriotism,  gentlemen,  has  been  confided  the  honorable  duty 
of  guarding  the  public  interests;  and  while  the  past  is  to  your  country  a 
sure  pledge  that  it  will  be  faithfully  discharged,  permit  me  to  assure  you 
that  your  labors  to  promote  the  general  happiness  will  receive  from  me 
the  most  zealous  cooperation. 

JOHN  ADAMS. 

ADDRESS  OF  THE  SENATE  TO  JOHN  ADAMS,  PRESIDENT  OF  THE 

UNITED  STATES. 

The  President  of  the  United  States. 

Sir:  Impressed  with  the  important  truth  that  the  hearts  of  rulers  and 
people  are  in  the  hand  of  the  Almighty,  the  Senate  of  the  United  States 
most  cordially  join  in  your  invocations  for  appropriate  blessings  upon  the 
Government  and  people  of  this  Union. 

We  meet  you,  sir,  and  the  other  branch  of  the  National  legislature  in 
the  city  which  is  honored  by  the  name  of  our  late  hero  and  sage,  the 
illustrious  Washington,  with  sensations  and  emotions  which  exceed  our 
power  of  description. 

While  we  congratulate  ourselves  on  the  convention  of  the  Legislature 
at  the  permanent  seat  of  Government,  and  ardently  hope  that  permanence 
and  stability  may  be  communicated  as  well  to  the  Government  itself  as 
to  its  seat,  our  minds  are  irresistibly  led  to  deplore  the  death  of  him  who 
bore  so  honorable  and  efficient  a  part  in  the  establishment  of  both.  Great 
indeed  would  have  been  our  gratification  if  his  sum  of  earthly  happiness 
had  been  completed  by  seeing  the  Government  thus  peaceably  convened 
at  this  place;  but  we  derive  consolation  from  a  belief  that  the  moment 
in  which  we  were  destined  to  experience  the  loss  we  deplore  was  fixed 
by  that  Being  whose  counsels  can  not  err,  and  from  a  hope  that  since  in 
this  seat  of  Government,  which  bears  his  name,  his  earthly  remains  will 
be  deposited,  the  members  of  Congress,  and  all  who  inhabit  the  city,  with 
these  memorials  before  them,  will  retain  his  virtues  in  Hvely  recollection, 
and  make  his  patriotism,  morals,  and  piety  models  for  imitation.  And 
permit  us  to  add,  sir,  that  it  is  not  among  the  least  of  our  consolations 
that  you,  who  have  been  his  companion  and  friend  from  the  dawning  of 
our  national  existence,  and  trained  in  the  same  school  of  exertion  to  effect 


John  Adams  309 

our  independence,  are  still  preserved  by  a  gracious  Providence  in  health 
and  activity  to  exercise  the  functions  of  Chief  Magistrate, 

The  question  whether  the  local  powers  over  the  District  of  Columbia, 
vested  by  the  Constitution  in  the  Congress  of  the  United  States,  shall  be 
immediately  exercised  is  of  great  importance,  and  in  deliberating  upon 
it  we  shall  naturally  be  led  to  weigh  the  attending  circumstances  and 
every  probable  consequence  of  the  measures  which  may  be  proposed. 

The  several  subjects  for  legislative  consideration  contained  in  your 
speech  to  both  Houses  of  Congreas  shall  receive  from  the  Senate  all  the 
attention  which  they  can  give,  when  contemplating  those  objects,  both  in 
respect  to  their  national  importance  and  the  additional  weight  that  is 
given  them  by  your  recommendation. 

We  deprecate  with  you,  sir,  all  spirit  of  innovation  from  whatever 
quarter  it  may  arise,  which  may  impair  the  sacred  bond  that  connects 
the  different  parts  of  this  Empire,  and  we  trust  that,  under  the  protection 
of  Divine  Providence  the  wisdom  and  virtue  of  the  citizens  of  the  United 
States  will  deliver  our  national  compact  unimpaired  to  a  grateful  pos- 
terity. 

From  past  experience  it  is  impossible  for  the  Senate  of  the  United  States 
to  doubt  of  your  zealous  cooperation  with  the  Legislature  in  every  effort 
to  promote  the  general  happiness  and  tranquillity  of  the  Union. 

Accept,  sir,  our  warmest  wishes  for  your  health  and  happiness. 

JOHN  E.  HOWARD, 
President  of  the  Senate  pro  tempore. 

November  25,  1800. 

REPLY  OF  THE  PRESIDENT. 

City  op  Washington,  November  26,  1800. 
Mr.  President  and  Gentlemen  of  the  Senate: 

For  this  excellent  address,  so  rCvSpectful  to  the  memory  of  my  illus- 
trious predecessor,  which  I  receive  from  the  Senate  of  the  United  States 
at  this  time  and  in  this  place  with  peculiar  satisfaction,  I  pray  you  to 
accept  of  my  unfeigned  acknowledgments.  With  you  I  ardently  hope 
that  permanence  and  stability  will  be  communicated  as  well  to  the  Gov- 
ernment itself  as  to  its  beautiful  and  commodious  seat.  With  you  I 
deplore  the  death  of  that  hero  and  sage  who  bore  so  honorable  and  efficient 
a  part  in  the  establishment  of  both.  Great  indeed  would  have  been  my 
gratification  if  his  sum  of  earthly  happiness  had  been  completed  by  seeing 
the  Government  thus  peaceably  convened  at  this  place,  himself  at  its 
head;  but  while  we  submit  to  the  decisions  of  Heaven,  whose  councils 
are  inscrutable  to  us,  we  can  not  but  hope  that  the  members  of  Congress, 
the  officers  of  Government,  and  all  who  inhabit  the  city  or  the  country 
will  retain  his  virtues  in  lively  recollection  and  make  his  patriotism, 
morals,  and  piety  models  for  imitation. 


3IO  Messages  and  Papers  of  the  Presidents 

I  thank  you,  gentlemen,  for  your  assurance  that  the  several  subjects 
for  legislative  consideration  recommended  in  my  communication  to  both 
Houses  shall  receive  from  the  Senate  a  deliberate  and  candid  attention. 

With  you,  gentlemen,  I  sincerely  deprecate  all  spirit  of  innovation 
which  may  weaken  the  sacred  bond  that  connects  the  different  parts  of 
this  nation  and  Government,  and  with  you  I  trust  that  under  the  protec- 
tion of  Divine  Provndence  the  wisdom  and  virtue  of  our  citizens  will 
deliver  our  national  compact  unimpaired  to  a  free,  prosperous,  happy,  and 
grateful  posterity.  To  this  end  it  is  my  fervent  prayer  that  in  this  city 
the  foundations  of  wisdom  may  be  always  opened  and  the  streams  of  elo- 
quence forever  flow.  Here  may  the  youth  of  this  extensive  country 
forever  look  up  without  disappointment,  not  only  to  the  monuments  and 
memorials  of  the  dead,  but  to  the  examples  of  the  living,  in  the  members 
of  Congress  and  officers  of  Government,  for  finished  models  of  all  those 
virtues,  graces,  talents,  and  accomplishments  which  constitute  the  dignity 
of  human  nature  and  lay  the  only  foundation  for  the  prosperity  or  dura- 
tion of  empires. 

JOHN  ADAMS. 

ADDRESS    OF  THE  HOUSE  OF    REPRESENTATIVES  TO  JOHN  ADAMS, 
PRESIDENT  OF  THE  UNITED  STATES- 

John  Adams, 

President  of  the  United  States. 

Sir:  The  House  of  Representatives  have  received  with  great  respect 
the  communication  which  you  have  been  pleased  to  make  to  the  two 
Houses  of  Congress  at  the  commencement  of  the  present  session. 

The  final  establishment  of  the  seat  of  National  Government,  which  has 
now  taken  place,  within  the  District  of  Columbia  is  an  event  of  no  small 
importance  in  the  political  transactions  of  our  country,  and  we  cordially 
unite  our  wishes  with  yours  that  this  Territory  may  be  the  residence  of 
happiness  and  virtue. 

Nor  can  we  on  this  occasion  omit  to  express  a  hope  that  the  spirit 
which  animated  the  great  founder  of  this  city  may  descend  to  future  gen- 
erations, and  that  the  wisdom,  magnanimity,  and  steadiness  which  marked 
the  events  of  his  public  life  may  be  imitated  in  all  succeeding  ages. 

A  consideration  of  those  powers  which  have  been  vested  in  Congress 
over  the  District  of  Columbia  will  not  escape  our  attention,  nor  shall  we 
forget  that  in  exercising  these  powers  a  regard  must  be  had  to  those 
events  which  will  necessarily  attend  the  capital  of  America. 

The  cheerfulness  and  regularity  with  which  the  officers  and  soldiers  of 
the  temporary  army  have  returned  to  the  condition  of  private  citizens  is 
a  testimony  clear  and  conclusive  of  the  purity  of  those  motives  which 
induced  them  to  engage  in  the  public  service,  and  will  remain  a  proof  on 
all  future  occasions  that  an  army  of  soldiers  drawn  from  the  citizens  of 
our  country  deserve  our  confidence  and  respect. 


John  Adams  31 1 

No  subject  can  be  more  important  than  that  of  the  judiciary,  which 
you  have  again  recommended  to  our  consideration,  and  it  shall  receive 
our  early  and  deliberate  attention. 

The  Constitution  of  the  United  States  having  confided  the  manage- 
ment of  our  foreign  negotiations  to  the  control  of  the  Executive  power, 
we  cheerfully  submit  to  its  decisions  on  this  important  subject;  and  in 
respect  to  the  negotiations  now  pending  with  France,  we  sincerely  hope 
that  the  final  result  may  prove  as  fortunate  to  our  country  as  the  most 
ardent  mind  can  wish. 

So  long  as  a  predatory  war  is  carried  on  against  our  commerce  we 
should  sacrifice  the  interests  and  disappoint  the  expectations  of  our  con- 
stituents should  we  for  a  moment  relax  that  system  of  maritime  defense 
which  has  resulted  in  such  beneficial  effects.  At  this  period  it  is  confi- 
dently believed  that  few  persons  can  be  found  within  the  United  States 
who  do  not  admit  that  a  navy,  well  organized,  must  constitute  the  natural 
and  efficient  defense  of  this  country  against  all  foreign  hostility. 

The  progress  which  has  been  made  in  the  manufacture  of  arms  leaves 
no  doubt  that  the  public  patronage  has  already  placed  this  country  beyond 
all  necessary  dependence  on  foreign  markets  for  an  article  so  indispensa- 
ble for  defense,  and  gives  us  assurances  that,  under  the  encouragement 
which  Government  will  continue  to  extend  to  this  important  object,  we 
shall  soon  rival  foreign  countries  not  only  in  the  number  but  in  the  qual- 
ity of  arms  completed  from  our  own  manufactories. 

Few  events  could  have  been  more  pleasing  to  our  constituents  than 
that  great  and  rapid  increase  of  revenue  which  has  arisen  from  perma- 
nent taxes.  Whilst  this  event  explains  the  great  and  increasing  resoiu'ces 
of  our  country,  it  carries  along  with  it  a  proof  which  can  not  be  resisted 
that  those  measures  of  maritime  defense  which  were  calculated  to  meet  our 
enemy  upon  the  ocean,  and  which  have  produced  such  extensive  protec- 
tion to  our  commerce,  were  founded  in  wisdom  and  policy.  The  mind 
must,  in  our  opinion,  be  insensible  to  the  plainest  truths  which  can  not 
discern  the  elevated  ground  on  which  this  policy  has  placed  our  country. 
That  national  spirit  which  alone  could  vindicate  our  common  rights  has 
been  roused,  and  those  latent  energies  which  had  not  been  fully  known 
were  unfolded  and  brought  into  view,  and  our  fellow-citizens  were  pre- 
pared to  meet  every  event  which  national  honor  or  national  security  could 
render  necessary.  Nor  have  its  effects  been  much  less  important  in  other 
respects. 

Whilst  many  of  the  nations  of  the  earth  have  been  impoverished  and 
depopulated  by  internal  commotions  and  national  contests,  our  internal 
peace  has  not  been  materially  impaired;  our  commerce  has  extended, 
under  the  protection  of  our  infant  Nav>',  to  every  part  of  the  globe; 
wealth  has  flowed  without  intermission  into  our  seaports,  and  the  labors 
of  the  husbandman  have  been  rewarded  by  a  ready  market  for  the  pro- 
ductions of  the  soil. 


312  Messages  and  Papers  of  the  Presidents 

Be  assured,  sir,  that  the  various  and  important  subjects  recommended 
to  our  consideration  shall  receive  our  early  and  deliberate  attention;  and, 
confident  of  your  cooperation  in  every  measure  which  may  be  calculated 
to  promote  the  general  interest,  we  shall  endeavor  on  our  part  to  testify 
by  our  industry  and  dispatch  the  zeal  and  sincerity  with  which  we  regard 
the  public  good. 

November  26,  1800. 

REPLY  OP  THE  PRESIDENT. 

Washington,  November  27,  1800. 
Mr.  Speaker  arid  Gentlemen  of  the  House  of  Representatives: 

Compelled  by  the  habits  of  a  long  life,  as  well  as  by  all  the  principles 
of  society  and  government  which  I  could  ever  understand  and  believe, 
to  consider  the  great  body  of  the  people  as  the  source  of  all  legitimate 
authority  no  less  than  of  all  efficient  power,  it  is  impossible  for  me  to 
receive  this  address  from  the  immediate  Representatives  of  the  American 
people  at  this  time  and  in  this  place  without  emotions  which  it  would 
be  improper  to  express  if  any  language  could  convey  them. 

May  the  spirit  which  animated  the  great  founder  of  this  city  descend 
to  future  generations,  and  may  the  wisdom,  magnanimity,  and  steadiness 
which  marked  the  events  of  his  public  life  be  imitated  in  all  succeed- 
ing ages. 

I  thank  you,  gentlemen,  for  your  assurance  that  the  judiciary  system 
shall  receive  your  deliberate  attention. 

With  you,  gentlemen,  I  sincerely  hope  that  the  final  result  of  the 
negotiations  now  pending  with  France  may  prove  as  fortunate  to  our 
country  as  they  have  been  commenced  with  sincerity  and  prosecuted 
with  deliberation  and  caution.  With  you  I  cordially  agree  that  so  long 
as  a  predatory  war  is  carried  on  against  our  commerce  we  should  sacri- 
fice the  interests  and  disappoint  the  expectations  of  our  constituents 
should  we  for  a  moment  relax  that  system  of  maritime  defense  which 
has  resulted  in  such  beneficial  effects.  With  you  I  confidently  believe 
that  few  persons  can  be  found  within  the  United  States  who  do  not 
admit  that  a  navy,  well  organized,  must  constitute  the  natural  and  efl&- 
cient  defense  of  this  country  against  all  foreign  hostility. 

Those  who  recollect  the  distress  and  danger  to  this  country  in  former 
periods  from  the  want  of  arms  must  exult  in  the  assurance  from  their 
Representatives  that  we  .shall  soon  rival  foreign  countries  not  only  in  the 
number  but  in  the  quality  of  arms  completed  from  our  own  manufactories. 

With  you,  gentlemen,  I  fully  agree  that  the  great  increase  of  revenue 
is  a  proof  that  the  measures  of  maritime  defense  were  founded  in  wisdom. 
This  policy  has  raised  us  in  the  esteem  of  foreign  nations.  That  national 
spirit  and  those  latent  energies  which  had  not  been  and  are  not  yet  fully 
known  to  any  were  not  entirely  forgotten  by  those  who  had  lived  long 


John  Adafns  313 

enough  to  see  in  former  times  their  operation  and  some  of  their  effects. 
Our  fellow-citizens  were  undoubtedly  prepared  to  meet  every  event  which 
national  honor  or  national  security  could  render  necessary.  These,  it  is 
to  be  hoped,  are  secured  at  the  cheapest  and  easiest  rate;  if  not,  they  will 
be  secured  at  more  expense. 

I  thank  you,  gentlemen,  for  your  assurance  that  the  various  subjects 
recommended  to  your  consideration  shall  receive  your  deliljerate  atten- 
tion. No  further  evidence  is  wanting  to  convince  me  of  the  zeal  and 
sincerity  with  which  the  House  of  Representatives  regard  the  public 
good. 

I  pray  j^ou,  gentlemen,  to  accept  of  my  liest  wishes  for  your  health 
and  happiness. 

JOHN  ADAMS. 


SPECIAL  MESSAGES. 

United  States,  December  75,  1800. 
Gentlemen  of  the  Senate: 

I  transmit  to  the  Senate,  for  their  consideration  and  decision,  a  conven- 
tion, both  in  English  and  French,  between  the  United  States  of  America 
and  the  French  Republic,  signed  at  Paris  on  the  30th  day  of  September 
last  by  the  respective  plenipotentiaries  of  the  two  powers.  I  also  trans- 
mit to  the  Senate  three  manuscript  volumes  containing  the  journal  of  our 
envoys. 

JOHN  ADAMS. 

United  StatEvS,  January  /,  t8oi. 
Gentlemen  of  the  Senate  and  Gentlemen  of  the  House  of  Representatives: 

I  transmit  to  both  Houses  of  Congress,  for  their  information  and  con- 
sideration, copies  of  laws  enacted  by  the  governor  and  judges  of  the  Mis- 
sissippi Territory  from  the  30th  of  June  until  the  31st  of  December, 
A.  D.  1799. 

JOHN  ADAMS. 

United  State.s, /^Twwarj'  //,  iSot. 
Gentlemen  of  the  Senate  and  Gentlemen  of  the  House  of  Representatives: 

I  have  received  from  Elias  Boudinot,  esq.,  Director  of  the  Mint  of  the 
United  States,  a  report  of  the  2d  of  January,  representing  the  state  of  it, 
together  with  an  abstract  of  the  coins  stnick  at  the  Mint  from  the  ist  of 
January  to  the  31st  of  December,  1800;  an  abstract  of  the  exix?nditures 
of  the  Mint  from  the  ist  of  January  to  the  31st  of  Decemlx?r,  inclusive; 
a  statement  of  gain  on  copper  coined  at  the  Mint  from  the  1st  of  January 


314  Messages  and  Papers  of  the  Presidents 

to  the  31st  of  December,  1800,  and  a  certificate  from  Joseph  Richardson, 
assayer  of  the  Mint,  ascertaining  the  vaUie  of  Spanish  milled  doubloons 
in  proportion  to  the  gold  coins  of  the  United  States  to  be  no  more  than 
84  cents  and  \,%^  parts  of  a  cent  for  i  pennyweight,  or  28  grains  and  f^fff 
parts  of  a  grain  to  one  dollar.  These  papers  I  transmit  to  Congress 
for  their  consideration. 

JOHN  ADAMS. 

United  St kt-ks,  January  21,  1801. 
Gentlemen  of  the  Senate: 

In  comphance  with  your  request,  signified  in  your  resolution  of  the 
20th  day  of  this  month,  I  transmit  you  a  report  made  to  me  by  the  Sec- 
retary of  State  on  the  same  day,  a  letter  of  our  late  envoi's  to  him  of  the 
4th  of  October  last,  an  extract  of  a  letter  from  our  minister  plenipoten- 
tiary in  IvOndon  to  him  of  the  2 2d  of  November  last,  and  an  extract  of 
another  letter  from  the  minister  to  the  Secretary  of  the  31st  of  October 
last. 

The  reasoning  in  the  letter  of  our  late  envoys  to  France  is  so  fully 
supported  by  the  writers  on  the  law  of  nations,  particularly  by  Vattel, 
as  well  as  by  his  great  masters,  Grotius  and  Puffendorf ,  that  nothing  is 
left  to  be  desired  to  settle  the  point  that  if  there  be  a  collision  between 
two  treaties  made  with  two  different  powers  the  more  ancient  has  the 
advantage,  for  no  engagement  contrary  to  it  can  be  entered  into  in  the 
treaty  afterwards  made;  and  if  this  last  be  found  in  any  case  incompat- 
ible with  the  more  ancient  one  its  execution  is  considered  as  impossible, 
because  the  person  promising  had  not  the  power  of  acting  contrary  to  his 
antecedent  engagement.  Although  our  right  is  very  clear  to  negotiate 
treaties  according  to  our  own  ideas  of  right  and  justice,  honor  and  good 
faith,  yet  it  must  always  be  a  satisfaction  to  know  that  the  judgment  of 
other  nations  with  whom  we  have  connection  coincides  with  ours,  and  that 
we  have  no  reason  to  apprehend  that  any  disagreeable  questions  and  discus- 
sions are  likely  to  arise.  The  letters  from  Mr.  King  will  therefore  be 
read  by  the  Senate  with  particular  satisfaction. 

The  inconveniences  to  public  officers  and  the  mischiefs  to  the  pubhc 
arising  from  the  publication  of  the  dispatches  of  ministers  abroad  are  so 
numerous  and  so  obvious  that  I  request  of  the  Senate  that  these  papers, 
especially  the  letters  from  Mr.  King,  be  considered  in  close  confidence. 

JOHN  ADAMS. 

United  States,  fanuary  30,  1801. 
Gentlemen  of  the  Senate  and  Gentlemen  of  the  House  of  Representatives: 

I  transmit  to  Congress  for  their  consideration  a  letter  from  William 
Thornton,  Alexander  White,  and  William  Cranch,  esquires,  commis- 
sioners of  the  city  of  Washington,  with  a  representation  of  the  affairs  of 


John  Adams  315 

the  city  made  by  them  to  the  President  of  the  United  States,  dated  28th 
of  January,  1801,  accompanied  with  a  series  of  documents  marked  from 
A  to  H,  inclusively. 

JOHN  ADAMS. 


United  States,  February  16,  1801. 
Gentlemen  of  the  Senate  and  Gentlemen  of  the  House  of  Representatives: 

I  wish  to  know  the  pleasure  of  Congress  and  request  their  direction 
concerning  the  disposition  of  the  property  of  the  United  States  now  in 
my  possession;  whether  I  shall  deliver  it  into  the  hands  of  the  heads 
of  Departments,  or  of  the  commissioners  of  the  city  of  Washington,  or  of 
a  committee  of  Congress,  or  to  any  other  persons  Congress  may  appoint, 
to  be  delivered  into  the  hands  of  my  successor,  or  whether  I  shall  present 
it  myself  to  the  President  of  the  United  States  on  the  4th  of  March  next. 
Any  of  these  modes  will  be  agreeable  to  me. 

JOHN  ADAMS. 

United  States,  February  20,  i8ot. 
Gentlemen  of  the  Senate  and  Gentlemen  of  the  House  of  Representatives: 

I  transmit  to  Congress  a  report  received  this  morning  from  Elias 
Boudinot,  esq..  Director  of  the  Mint,  dated  February  13,  1801,  which 
will  require  the  attention  and  decision  of  Congress  before  the  close  of 
the  session. 

JOHN  ADAMS. 

United  States,  March  2,  1801. 
Gentlemen  of  the  Senate: 

I  have  considered  the  advice  and  consent  of  the  Senate  to  the  ratifica- 
tion of  the  convention  with  France  under  certain  conditions.  Although  it 
would  have  been  more  conformable  to  my  own  judgment  and  inclination  to 
have  agreed  to  that  instrument  unconditionally,  yet  as  in  this  point  I 
found  I  had  the  misfortune  to  differ  in  opinion  from  so  high  a  constitu- 
tional authority  as  the  Senate,  I  judged  it  more  consistent  with  the  honor 
and  interest  of  the  United  States  to  ratify  it  under  the  conditions  pre- 
scribed than  not  at  all.  I  accordingly  nominated  Mr.  Bayard  minister 
plenipotentiary  to  the  French  Republic,  that  he  might  proceed  without 
delay  to  Paris  to  negotiate  the  exchange  of  ratifications;  but  as  that  gen- 
tleman has  declined  his  appointment,  for  reasons  equally  applicable  to 
every  other  person  suitable  for  the  service,  I  shall  take  no  further  meas- 
ures relative  to  this  business,  and  leave  the  convention,  with  all  the  docu- 
ments, in  the  Office  of  State,  that  my  successor  may  proceed  with  them 

according  to  his  wisdom. 

JOHN  ADAMS. 


3i6  Messages  and  Papers  of  the  Presidents 

PROCLAMATION. 

January  30,  1801. 
To  the  Senators  of  the  United  States,  respectively. 

Sir:  It  appearing  to  me  proper  and  necessary-  for  the  public  service 
that  the  Senate  of  the  United  States  should  be  convened  on  Wednesday, 
the  4th  of  March  next,  you  are  desired  to  attend  in  the  Chamber  of  the 
Senate  on  that  day,  at  10  o'clock  in  the  forenoon,  to  receive  and  act 
upon  any  communications  which  the  President  of  the  United  States  may 
then  lay  before  you  touching  their  interests,  and  to  do  and  consider  all 
other  things  which  may  be  proper  and  necessary  for  the  public  service 
for  the  Senate  to  do  and  consider, 

JOHN  ADAMS, 
President  of  the  United  States. 


Thomas  Jefferson 

March  4,  1801,  to  March  4,  1809 


317 


DMAJB     aKF-F-KKBC 


f 


Thomas  Jefferson 


Thomas  Jkffrrson  was  born  at  Shadwell,  Albemarle  County,  Va., 
on  April  2  (old  style),  1743.  He  was  the  oldest  son  of  Peter  Jefferson, 
who  died  in  1757.  After  attending  private  schools,  he  entered  William 
and  Mary  College  in  1760.  In  1767  began  the  practice  of  the  law.  In 
1769  was  chosen  to  represent  his  county  in  the  Virginia  house  of  bur- 
gesses, a  station  he  continued  to  fill  up  to  the  period  of  the  Revolution. 
He  married  Mrs.  Martha  Skelton  in  1772,  she  being  a  daughter  of  John 
Wales,  an  eminent  lawyer  of  Virginia.  On  March  12,  1773,  was  chosen 
a  member  of  the  first  committee  of  correspondence  established  by  the 
Colonial  legislature.  Was  elected  a  delegate  to  the  Continental  Congress 
in  1775;  was  placed  on  the  Committee  of  Five  to  prepare  the  Declaration 
of  Independence,  and  at  the  request  of  that  committee  he  drafted  the 
Declaration,  which,  with  slight  amendments,  was  adopted  July  4,  1776. 
RcvSigued  his  seat  in  Congress  and  occupied  one  in  the  Virginia  legisla- 
ture in  October,  1776.  Was  elected  governor  of  Virginia  by  the  legis- 
lature on  June  i,  1779,  to  succeed  Patrick  Henry.  Retired  to  private 
life  at  the  end  of  his  term  as  governor,  but  was  the  same  year  elected 
again  to  the  legislature.  Was  appointed  commissioner  with  others  to 
negotiate  treaties  with  France  in  1776,  but  declined.  In  1782  he  was 
appointed  by  Congress  minister  plenipotentiary  to  act  with  others  in 
Europe  in  negotiating  a  treaty  of  peace  with  Great  Britain.  Was  again 
elected  a  Delegate  to  Congress  in  1783,  and  as  a  meml^er  of  that  bod)'  he 
advocated  and  had  adopted  the  dollar  as  the  unit  and  the  present  sy.stem 
of  coins  and  decimals.  In  May,  1784,  was  appointed  minister  plenipo- 
tentiary to  Europe  to  assist  John  Adams  and  Benjamin  Franklin  in  nego- 
tiating treaties  of  commerce.  In  March,  1 785 ,  was  appointed  by  Congress 
minister  at  the  French  Court  to  succeed  Dr.  Franklin,  and  remained  in 
France  until  September,  1789.  On  his  arrival  at  Norfolk,  Novemlx'r  23, 
1789,  received  a  letter  from  Washington  offering  him  the  appointment  of 
Secretary  of  State  in  his  Cabinet.  Accepted  and  became  the  first  Secre- 
tary of  State  under  the  Constitution.  December  31,  1793,  resigned  his 
place  in  the  Cabinet  and  retired  to  private  life  at  his  home.  In  1796  was 
brought  forward  by  his  friends  as  a  candidate  for  President,  but  Mr. 
Adams,  receiving  the  highest  number  of  votes,  was  elected  President,  and 
Jefferson  became  Vice-President  for  four  years  from  March  4,  1797.  In 
1800  was  again  voted  for  by  his  party  for  President.  He  and  Mr.  Bun- 
received  an  equal  number  of  electoral  votes,  and  under  the  Constitution 

3'9 


320  Messages  and  Papers  of  the  Presidents 

the  House  of  Representatives  was  called  upon  to  elect.  Mr.  Jefferson 
was  chosen  on  the  thirty-sixth  ballot.  Was  reelected  in  1804,  and  retired 
finally  from  public  life  March  4,  1809.  He  died  on  the  4th  day  of  July, 
1826,  and  was  buried  at  Monticello,  Va. 


NOTIFICATION  OF  ELECTION. 

Mr.  Pinckney,  from  the  committee  instructed  on  the  i8th  instant  to 
wait  on  the  President  elect  to  notify  him  of  his  election,  reported  that  the 
committee  had,  according  to  order,  performed  that  service,  and  addressed 
the  President  elect  in  the  following  words,  to  wit :  ^  ^ 

"■•^^ 
The  committee  beg  leave  to  express  their  wishes  for  the  prosperity  of 

your  Administration  and  their  sincere  desire  that  it  may  promote  your 

own  happiness  and  the  welfare  of  our  country. 

To  which  the  President  elect  was  pleased  to  make  the  following  reply  : 

I  receive,  gentlemen,  with  profound  thankfulness  this  testimony  of 
confidence  from  the  great  representative  council  of  our  nation.  It  fills 
up  the  measure  of  that  grateful  satisfaction  which  had  already  been 
derived  from  the  suffrages  of  my  fellow-citizens  themselves,  designating 
me  as  one  of  those  to  whom  they  were  willing  to  commit  this  charge,  the 
most  important  of  all  others  to  them.  In  deciding  between  the  candi- 
dates whom  their  equal  vote  presented  to  your  choice,  I  am  .sensible  that 
age  has  been  respected  rather  than  more  active  and  useful  qualifications. 

I  know  the  difl&culties  of  the  station  to  which  I  am  called,  and  feel 
and  acknowledge  my  incompetence  to  them.  But  whatsoever  of  under- 
standing, whatsoever  of  diligence,  whatsoever  of  justice  or  of  affectionate 
concern  for  the  happiness  of  man,  it  has  pleased  Providence  to  place 
within  the  compass  of  my  faculties  shall  be  called  forth  for  the  discharge 
of  the  duties  confided  to  me,  and  for  procuring  to  my  fellow-citizens  all 
the  l^enefits  which  our  Constitution  has  placed  under  the  guardianship  of 
the  General  Government. 

Guided  by  the  wisdom  and  patriotism  of  those  to  whom  it  belongs 
to  express  the  legislative  will  of  the  nation,  I  will  give  to  that  will  a 
faithful  execution. 

I  pray  you,  gentlemen,  to  convey  to  the  honorable  body  from  which 
you  are  deputed  the  homage  of  my  humble  acknowledgments  and  the 
sentiments  of  zeal  and  fidelity  by  which  I  shall  endeavor  to  merit  the.se 
proofs  of  confidence  from  the  nation  and  its  Representatives;  and  accept 
yourselves  my  particular  thanks  for  the  obliging  terms  in  which  you 
have  been  pleased  to  commimicate  their  will. 

TH:  JEFFERSON. 

February  20,  1801. 


Thomas  Jefferson  321 

LETTER  FROM  THE  PRESIDENT  ELECT. 

The  President  laid  before  the  Senate  a  letter  from  the  President  elect 
of  the  United  States,  which  was  read,  as  follows: 

Washington,  March  2,  1801. 
The  President  pro  tempore  of  the  Senate. 

Sir:  I  beg  leave  through  you  to  inform  the  honorable  the  Senate  of 
the  United  States  that  I  propose  to  take  the  oath  which  the  Constitution 
prescribes  to  the  President  of  the  United  States  before  he  enters  on  the 
execution  of  his  ofi&ce  on  Wednesday,  the  4th  instant,  at  12  o'clock,  in 
the  Senate  Chamber. 

I  have  the  honor  to  be,  with  the  greatest  respect,  sir,  your  most  obedi- 
ent and  most  hmnble  servant, 

TH:  JEFFERSON. 

(The  same  letter  was  Sient  to  the  House  of  Representatives. ) 


FIRST  INAUGURAL  ADDRESS. 

AT  WASHINGTON,  D.  C. 

Friends  and  Fellow- Citizens: 

Called  upon  to  undertake  the  duties  of  the  first  executive  office  of  our 
country,  I  avail  myself  of  the  presence  of  that  portion  of  my  fellow-citi- 
zens which  is  here  assembled  to  express  my  grateful  thanks  for  the  favor 
with  which  they  have  been  pleased  to  look  toward  me,  to  declare  a  sin- 
cere consciousness  that  the  task  is  above  my  talents,  and  that  I  approach 
it  with  those  anxious  and  awful  presentiments  which  the  greatness  of  the 
charge  and  the  weakness  of  my  powers  so  justly  inspire.  A  rising  nation, 
spread  over  a  wide  and  fruitful  land,  traversing  all  the  seas  with  the  rich 
productions  of  their  industry,  engaged  in  commerce  with  nations  who  feel 
power  and  forget  right,  advancing  rapidly  to  destinies  beyond  the  reach  of 
mortal  eye — when  I  contemplate  these  transcendent  objects,  and  see  the 
honor,  the  happiness,  and  the  hopes  of  this  beloved  country  committed  to 
the  issue  and  the  auspices  of  this  day,  I  shrink  from  the  contemplation, 
and  humble  myself  before  the  magnitude  of  the  undertaking.  Utterly, 
indeed,  should  I  despair  did  not  the  presence  of  many  whom  I  here  see 
remind  me  that  in  the  other  high  authorities  provided  by  our  Consti- 
tution I  shall  find  resources  of  wisdom,  of  virtue,  and  of  zeal  on  which 
to  rely  under  all  diflSculties.  To  you,  then,  gentlemen,  who  are  charged 
with  the  sovereign  functions  of  legislation,  and  to  those  associated  with 
you,  I  look  with  encouragement  for  that  guidance  and  support  which  may 
M  P — vol,  I — 21 


322  Messages  and  Papers  of  the  Presidents 

enable  us  to  steer  with  safety  the  vessel  in  which  we  are  all  embarked 
amidst  the  conflicting  elements  of  a  troubled  world. 

During  the  contest  of  opinion  through  which  we  have  passed  the  ani- 
mation of  discussions  and  of  exertions  has  sometimes  worn  an  aspect  which 
might  impose  on  strangers  unused  to  think  freely  and  to  speak  and  to 
write  what  they  think;  but  this  being  now  decided  by  the  voice  of  the 
nation,  announced  according  to  the  rules  of  the  Constitution,  all  will,  of 
course,  arrange  themselves  under  the  will  of  the  law,  and  unite  in  com- 
mon efforts  for  the  conunon  good.  All,  too,  will  bear  in  mind  this  sacred 
principle,  that  though  the  will  of  the  majority  is  in  all  cases  to  prevail, 
that  will  to  l)e  rightful  nuist  be  reasonable;  that  the  minority  possess 
their  equal  rights,  which  equal  law  nuist  protect,  and  to  violate  would 
be  oppression.  Let  us,  then,  fellow-citizens,  unite  with  one  heart  and 
one  mind.  Let  us  restore  to  social  intercourse  that  harmony  and  affec- 
tion without  which  liberty  and  even  life  itself  are  but  dreary  things. 
And  let  us  reflect  that,  haxdng  banished  from  our  land  that  religious 
intolerance  under  which  mankind  so  long  bled  and  suffered,  we  have  yet 
gained  little  if  we  countenance  a  political  intolerance  as  despotic,  as 
wicked,  and  capable  of  as  bitter  and  bloody  persecutions.  During  the 
throes  and  convulsions  of  the  ancient  world,  during  the  agonizing  spasms 
of  infuriated  man,  seeking  through  blood  and  slaughter  his  long-lost  lib- 
erty, it  was  not  wonderful  that  the  agitation  of  the  billows  should  reach 
even  this  distant  and  peaceful  shore;  that  this  should  be  more  felt  and 
feared  by  some  and  less  by  others,  and  should  divide  opinions  as  to 
measures  of  safety.  But  every  difference  of  opinion  is  not  a  difference 
of  principle.  We  have  called  by  different  names  brethren  of  the  same 
principle.  We  are  all  Republicans,  we  are  all  Federalists.  If  there  be 
any  among  us  who  would  wish  to  dissolve  this  Union  or  to  change  its 
republican  form,  let  them  stand  undisturbed  as  monuments  of  the  safety 
with  which  error  of  opinion  may  be  tolerated  where  reason  is  left  free 
to  combat  it.  I  know,  indeed,  that  some  honest  men  fear  that  a  repub- 
lican government  can  not  be  strong,  that  this  Government  is  not  strong 
enough;  but  would  the  honest  patriot,  in  the  full  tide  of  successful 
experiment,  abandon  a  government  which  has  so  far  kept  us  free  and 
firm  on  the  theoretic  and  visionary  fear  that  this  Government,  the 
world's  best  hope,  may  by  possibility  want  energy  to  preser\'e  itself?  I 
trust  not.  I  believe  this,  on  the  contrary,  the  strongest  Government  on 
earth.  I  believe  it  the  only  one  where  every  man,  at  the  call  of  the  law, 
would  fly  to  the  .standard  of  the  law,  and  would  meet  invasions  of  the 
public  order  as  his  own  personal  concern.  Sometimes  it  is  .said  that  man 
can  not  be  trusted  with  the  government  of  himself.  Can  he,  then,  be 
trusted  with  the  government  of  others  ?  Or  have  we  found  angels  in  the 
forms  of  kings  to  govern  him  ?     Let  history  answer  this  question. 

Let  us,  then,  with  courage  and  confidence  pursue  our  own  Federal 
^ud  Republican  principles,  our  attachment  to  union  ^ud  representative 


Thomas  Jefferson  323 

government.  Kindly  separated  by  nature  and  a  wide  ocean  from  the 
exterminating  havoc  of  one  quarter  of  the  glolx; ;  too  high-minded  to 
endure  the  degradations  of  the  others ;  possessing  a  chosen  country,  with 
room  enough  for  our  descendants  to  the  thousandth  and  thousandth  gen- 
eration; entertaining  a  due  sense  of  our  equal  right  to  the  use  of  our  own 
faculties,  to  the  acquisitions  of  our  own  industry,  to  honor  and  confidence 
from  our  fellow-citizens,  resulting  not  from  birth,  but  from  our  actions 
and  their  sense  of  them;  enlightened  by  a  benign  religion,  professed, 
indeed,  and  practiced  in  various  forms,  yet  all  of  them  inculcating  honesty, 
tntth,  temperance,  gratitude,  and  the  love  of  man;  acknowledging  and 
adoring  an  overruling  Providence,  which  by  all  its  dispensations  proves 
that  it  delights  in  the  happiness  of  man  here  and  his  greater  happiness 
hereafter — with  all  these  blessings,  what  more  is  necessary  to  make  us  a 
happy  and  a  prosperous  people?  Still  one  thing  more,  fellow-citizens — a 
wise  and  frugal  Government,  which  shall  restrain  men  from  injuring  one 
another,  shall  leave  them  otherwise  free  to  regulate  their  own  pursuits  of 
industry  and  improvement,  and  shall  not  take  from  the  mouth  of  labor 
the  bread  it  has  earned.  This  is  the  sum  of  good  government,  and  this 
is  necessary  to  close  the  circle  of  our  felicities. 

About  to  enter,  fellow-citizens,  on  the  exercise  of  duties  which  com- 
prehend everything  dear  and  valuable  to  you,  it  is  proper  you  should 
understand  what  I  deem  the  essential  principles  of  our  Government,  and 
consequently  those  which  ought  to  shape  its  Administration.  I  will 
compress  them  within  the  narrowest  compass  they  will  bear,  stating  the 
general  principle,  but  not  all  its  limitations.  Equal  and  exact  ju.stice  to 
all  men,  of  whatever  state  or  persuasion,  religious  or  political;  peace, 
commerce,  and  honest  friendship  with  all  nations,  entangling  alliances 
with  none;  the  support  of  the  State  governments  in  all  their  rights,  as 
the  most  competent  administrations  for  our  domestic  concerns  and  the 
surest  bulwarks  against  antirepublican  tendencies;  the  preservation  of 
the  General  Government  in  its  whole  constitutional  vigor,  as  the  sheet 
anchor  of  our  peace  at  home  and  safety  abroad;  a  jealous  care  of  the 
right  of  election  by  the  people — a  mild  and  safe  corrective  of  abuses 
which  are  lopped  by  the  sword  of  revolution  where  peaceable  remedies 
are  unprovided;  absolute  acquiescence  in  the  decisions  of  the  majority, 
the  vital  principle  of  republics,  from  which  is  no  appeal  but  to  force, 
the  vital  principle  and  immediate  parent  of  despotism;  a  well-dis- 
ciplined militia,  our  best  reliance  in  peace  and  for  the  first  moments  of 
war,  till  regulars  may  relieve  them;  the  supremacy  of  the  civil  over  the 
military  authority;  economy  in  the  public  expense,  that  labor  may  be 
lightly  burthened;  the  honest  payment  of  our  debts  and  sacred  preser\-a- 
tion  of  the  public  faith;  encouragement  of  agriculture,  and  of  commerce 
as  its  handmaid;  the  diffusion  of  information  and  arraignment  of  all 
abuses  at  the  bar  of  the  public  reason;  freedom  of  religion;  freedom  of  the 
press,  and  freedom  of  person  under  the  protection  of  the  habeas  corpus, 


324  Messages  and  Papers  of  the  Presidents 

and  trial  by  juries  impartially  selected.  These  principles  form  the  bright 
constellation  which  has  gone  before  us  and  guided  our  steps  through 
an  age  of  revolution  and  reformation.  The  wisdom  of  our  sages  and 
blood  of  our  heroes  have  been  devoted  to  their  attainment.  They  should 
be  the  creed  of  our  political  faith,  the  text  of  civic  instruction,  the 
touchstone  by  which  to  tr>'  the  sersdces  of  those  we  trust;  and  should 
we  wander  from  them  in  moments  of  error  or  of  alarm,  let  us  hasten 
to  retrace  our  steps  and  to  regain  the  road  which  alone  leads  to  peace, 
liberty,  and  safety. 

I  repair,  then,  fellow-citizens,  to  the  post  you  have  assigned  me.  With 
experience  enough  in  subordinate  offices  to  have  seen  the  difficulties  of 
this  the  greatest  of  all,  I  have  learnt  to  expect  that  it  will  rarely  fall 
to  the  lot  of  imperfect  man  to  retire  from  this  station  with  the  reputation 
and  the  favor  which  bring  him  into  it.  Without  pretensions  to  that  high 
confidence  you  reposed  in  our  first  and  greatest  revolutionar>'  character, 
whose  preeminent  services  had  entitled  him  to  the  first  place  in  his  coun- 
try's love  and  destined  for  him  the  fairest  page  in  the  volume  of  faithful 
history,  I  ask  so  much  confidence  only  as  may  give  firmness  and  effect  to 
the  legal  administration  of  your  affairs.  I  shall  often  go  wrong  through 
defect  of  judgment.  When  right,  I  shall  often  be  thought  wrong  by 
those  whose  positions  will  not  command  a  view  of  the  whole  ground.  I 
ask  your  indulgence  for  my  own  errors,  which  will  never  be  intentional, 
and  3'our  support  against  the  errors  of  others,  who  may  condemn  what 
they  would  not  if  seen  in  all  its  parts.  The  approbation  implied  by  your 
suffrage  is  a  great  consolation  to  me  for  the  past,  and  my  future  solicitude 
will  be  to  retain  the  good  opinion  of  those  who  have  bestowed  it  in 
advance,  to  conciliate  that  of  others  by  doing  them  all  the  good  in  my 
power,  and  to  be  instrumental  to  the  happiness  and  freedom  of  all. 

Relying,  then,  on  the  patronage  of  your  good  will,  I  advance  with 
obedience  to  the  work,  ready  to  retire  from  it  whenever  j^ou  become  sen- 
sible how  much  better  choice  it  is  in  your  power  to  make.  And  may 
that  Infinite  Power  which  rules  the  destinies  of  the  universe  lead  our 
councils  to  what  is  best,  and  give  them  a  favorable  issue  for  your  peace 
and  prosperity. 

March  4,  1801. 


PROCLAMATION. 

[Fi-oin  the  National  Intelligencer,  March  13, 1801.] 

By  the  President  of  the  United  States. 

Whereas  by  the  first  article  of  the  terms  and  conditions  declared  by 
the  President  of  the  United  States  on  the  17th  day.  of  October,  1791,  for 
regulating  the  materials  and  manner  of  buildings  and  improvements 


Thomas  Jefferson  325 

on  the  lots  in  the  city  of  Washington,  it  is  provided  "  that  the  outer  and 
party  walls  of  all  houses  in  the  said  city  shall  be  built  of  brick  or  stone;  " 
and  by  the  third  article  of  the  same  terms  and  conditions  it  is  declared 
"that  the  wall  of  no  house  shall  be  higher  than  40  feet  to  the  roof  in 
any  part  of  the  city,  nor  shall  any  Ixi  lower  than  35  feet  in  any  of  the 
avenues;  "  and 

Whereas  the  above-recited  articles  were  found  to  impede  the  settlement 
in  the  city  of  mechanics  and  others  whose  circumstances  did  not  admit  of 
erecting  houses  authorized  by  the  said  regulations,  for  which  cause  the 
President  of  the  United  States,  by  a  writing  under  his  hand,  Ix^aring  date 
the  25th  day  of  June,  1796,  suspended  the  operation  of  the  said  articles 
until  the  first  Monday  of  Deceml^er,  1800,  and  the  l^eneficial  effects  aris- 
ing from  such  suspension  having  been  experienced,  it  is  deemed  proper 
to  revive  the  same: 

Wherefore  I,  Thomas  Jefferson,  President  of  the  United  States,  do 
declare  that  the  operation  of  the  first  and  third  articles  above  recited 
shall  be,  and  the  same  is  hereby,  suspended  until  the  ist  day  of  January, 
1802,  and  that  all  the  houses  which  shall  be  erected  in  the  said  city  of 
Washington  previous  to  the  said  ist  day  of  January,  1802,  conformable 
in  other  respects  to  the  regulations  aforesaid,  shall  be  considered  as  law- 
fully erected,  except  that  no  wooden  house  shall  Ix^  erected  within  24  feet 
of  any  brick  or  stone  house. 

Given  under  my  hand  this  nth  day  of  March,  1801. 

TH:  JEFFERSON. 


In  communicating  his  first  message  to  Congress,  President  Jefferson 

addressed  the  following  letter  to  the  presiding  officer  of  each  branch  of 

the  National  Legislature: 

December  8,  1801. 

The  Honorable  the  President  of  the  Senate. 

Sir:  The  circumstances  under  which  we  find  ourselves  at  this  place 
rendering  inconvenient  the  mode  heretofore  practiced  of  making  by  per- 
sonal address  the  first  communications  between  the  legislative  and  execu- 
tive branches,  I  have  adopted  that  by  message,  as  used  on  all  subsequent 
occasions  through  the  session.  In  doing  this  I  have  had  principal  regard 
to  the  convenience  of  the  Legislature,  to  the  economy  of  their  time,  to 
their  relief  from  the  embarrassment  of  immediate  answers  on  subjects 
not  yet  fully  before  them,  and  to  the  benefits  thence  resulting  to  the 
public  affairs.  Trusting  that  a  procedure  founded  in  the.se  motives  will 
meet  their  approbation,  I  beg  leave  through  you,  sir,  to  communicate  the 
inclosed  message,  with  the  documents  accompanying  it,  to  the  honorable 
the  Senate,  and  pray  you  to  accept  for  yourself  and  them  the  homage  of 

my  high  respect  and  consideration. 

TH:  JEFFERSON. 


326  Messages  and  Papers  of  the  Presidents 

FIRST  ANNUAL  MESSAGE. 

December  8,  1801. 
Fello7i'-Citizens  of  the  Senate  and  House  of  Representatives: 

It  is  a  circumstance  of  sincere  gratification  to  me  that  on  meeting  the 
great  council  of  our  nation  I  am  able  to  announce  to  them  on  grounds  of 
reasonable  certaint}'  that  the  wars  and  troubles  which  have  for  so  many 
3'ears  afflicted  our  sister  nations  have  at  length  come  to  an  end,  and  that 
the  conununications  of  peace  and  commerce  are  once  more  opening  among 
them.  Whilst  we  devoutly-  return  thanks  to  the  beneficent  Being  who  has 
been  pleased  to  breathe  into  them  the  spirit  of  conciliation  and  forgive- 
ness, we  are  bound  with  peculiar  gratitude  to  be  thankful  to  Him  that 
our  own  peace  has  been  preser\^ed  through  so  perilous  a  season,  and  our- 
selves permitted  quietly  to  cultivate  the  earth  and  to  practice  and  improve 
those  arts  which  tend  to  increase  our  comforts.  The  assurances,  indeed, 
of  friendly  disposition  received  from  all  the  powers  with  whom  we  have 
principal  relations  had  inspired  a  confidence  that  our  peace  with  them 
would  not  have  been  disturbed.  But  a  cessation  of  irregularities  which 
had  affected  the  commerce  of  neutral  nations  and  of  the  irritations  and 
injuries  produced  by  them  can  not  but  add  to  this  confidence,  and  strength- 
ens at  the  same  time  the  hope  that  wrongs  committed  on  unoffending 
friends  under  a  pressure  of  circumstances  will  now  be  reviewed  with  can- 
dor, and  will  be  considered  as  founding  just  claims  of  retribution  for  the 
past  and  new  assurance  for  the  future. 

Among  our  Indian  neighbors  also  a  spirit  of  peace  and  friendship 
generally  prevails,  and  I  am  happy  to  inform  j'ou  that  the  continued 
efforts  to  introduce  among  them  the  implements  and  the  practice  of  hus- 
bandry and  of  the  household  arts  have  not  been  without  success;  that 
they  are  l)ecoming  more  and  more  sensible  of  the  superiority  of  this 
dependence  for  clothing  and  subsistence  over  the  precarious  resources  of 
hunting  and  fi.shing,  and  already  we  are  able  to  announce  that  instead 
of  that  constant  diminution  of  their  numbers  produced  by  their  wars  and 
their  wants,  some  of  them  begin  to  experience  an  increase  of  population. 

To  this  state  of  general  peace  with  which  we  have  been  blessed,  one 
only  exception  exists.  Tripoli,  the  least  considerable  of  the  Barbary 
States,  had  come  forward  with  demands  unfounded  either  in  right  or  in 
compact,  and  had  permitted  itself  to  denounce  war  on  ovu^  failure  to  com- 
ply before  a  given  day.  The  style  of  the  demand  admitted  but  one 
answer.  I  .sent  a  small  squadron  of  frigates  into  the  Mediterranean, 
with  a.ssurances  to  that  power  of  our  sincere  desire  to  remain  in  peace, 
but  with  orders  to  protect  our  commerce  against  the  threatened  attack. 
The  mea.sure  was  seasonable  and  salutary.  The  Bey  had  already 
declared  war.     His  cruisers  were  out.     Two  had  arrived  at  Gibraltar. 


Thomas  Jefferson  327 

Our  commerce  iti  the  Mediterranean  was  blockaded  and  that  of  the 
Atlantic  in  peril.  The  arrival  of  our  squadron  dispelled  the  danger. 
One  of  the  Tripolitan  cruisers  having  fallen  in  with  and  engaged  the 
small  schooner  Enterprise,  commanded  by  Lieutenant  Sterret,  which  had 
gone  as  a  tender  to  our  larger  vessels,  was  captured,  after  a  heavy  slaugh- 
ter of  her  men,  without  the  loss  of  a  single  one  on  our  part.  The  bravery 
exhibited  by  our  citizens  on  that  element  will,  I  trust,  be  a  testimony  to 
the  world  that  it  is  not  the  want  of  that  \'irtue  which  makes  us  seek  their 
peace,  but  a  conscientious  desire  to  direct  the  energies  of  our  nation  to  the 
multiplication  of  the  human  race,  and  not  to  its  destruction.  Unauthorized 
by  the  Constitution,  without  the  .sanction  of  Congress,  to  go  beyond  the 
line  of  defense,  the  vessel,  being  disabled  froin  committing  further  hostil- 
ities, was  liberated  with  its  crew.  The  Legi.slature  will  doubtle.ss  con.sider 
whether,  by  authorizing  measures  of  offense  also,  they  will  place  our  force 
on  an  equal  footing  with  that  of  its  adversaries.  I  communicate  all 
material  information  on  this  .subject,  that  in  the  exercise  of  this  impor- 
tant function  confided  by  the  Constitution  to  the  Legislature  exclusively 
their  judgment  may  form  itself  on  a  knowledge  and  consideration  of 
every  circumstance  of  weight. 

I  wish  I  could  say  that  our  situation  with  all  the  other  Barbary  States 
was  entirely  satisfactory.  Discovering  that  some  delays  had  taken  place 
in  the  performance  of  certain  articles  stipulated  by  us,  I  thought  it  my 
duty,  by  immediate  measures  for  fulfilling  them,  to  vindicate  to  ourselves 
the  right  of  considering  the  effect  of  departure  from  stipulation  on  their 
side.  From  the  papers  which  will  be  laid  before  you  you  will  be  enabled 
to  judge  whether  our  treaties  are  regarded  by  them  as  fixing  at  all  the 
measure  of  their  demands  or  as  guarding  from  the  exercise  of  force  our 
vessels  within  their  power,  and  to  consider  how  far  it  will  be  safe  and 
expedient  to  leave  our  affairs  with  them  in  their  present  posture. 

I  lay  before  you  the  result  of  the  census  lately  taken  of  our  inhabitants, 
to  a  conformity  with  which  we  are  now  to  reduce  the  ensuing  ratio  of 
representation  and  taxation.  You  will  perceive  that  the  increase  of  num- 
bers during  the  last  ten  years,  proceeding  in  geometrical  ratio,  promises 
a  duplication  in  little  more  than  twenty-two  years.  We  contemplate 
this  rapid  growth  and  the  prospect  it  holds  up  to  us,  not  with  a  view  to 
the  injuries  it  may  enable  us  to  do  others  in  some  future  daj',  but  to  the 
settlement  of  the  extensive  country  still  remaining  vacant  within  our 
limits  to  the  multiplication  of  men  susceptible  of  happijiess,  educated  in 
the  love  of  order,  habituated  to  self-government,  and  valuing-  its  bless- 
ings above  all  price. 

Other  circumstances,  combined  with  the  increase  of  numbers,  have 
produced  an  augmentation  of  revenue  arising  from  consumption  in  a 
ratio  far  beyond  that  of  population  alone;  and  though  the  changes  in 
foreign  relations  now  taking  place  so  desirably  for  the  whole  world  may 
for  a  season  affect  this  branch  of  revenue,  yet  weighing  all  probabilities  of 


^28  Messages  and  Papers  of  the  Presidents 

expense  as  well  as  of  income,  there  is  reasonable  ground  of  confidence 
that  we  may  now  safely  dispense  with  all  the  internal  taxes,  comprehend- 
ing excise,  stamps,  auctions,  licenses,  carriages,  and  refined  sugars,  to 
which  the  postage  on  newspapers  \\\a.y  be  added  to  facilitate  the  progreas 
of  information,  and  that  the  remaining  sources  of  revenue  will  be  sufficient 
to  provide  for  the  support  of  Government,  to  pay  the  interest  of  the  pub- 
lic debts,  and  to  discharge  the  principals  within  shorter  periods  than  the 
laws  or  the  general  expectation  had  contemplated.  War,  indeed,  and 
untoward  events  may  change  this  prospect  of  things  and  call  for  expenses 
which  the  imposts  could  not  meet;  but  sound  principles  will  not  justify 
our  taxing  the  industry  of  our  fellow-citizens  to  accumulate  treasure  for 
wars  to  happen  we  know  not  when,  and  which  might  not,  perhaps,  happen 
but  from  the  temptations  offered  by  that  treasure. 

These  views,  however,  of  reducing  our  burthens  are  formed  on  the 
expectation  that  a  sensible  and  at  the  same  time  a  salutary  reduction 
may  take  place  in  our  habitual  expenditures.  For  this  purpose  those 
of  the  civil  Government,  the  Army,  and  Navy  will  need  revisal. 

When  we  consider  that  this  Government  is  charged  with  the  external 
and  mutual  relations  only  of  these  States;  that  the  States  themselves 
have  principal  care  of  our  persons,  our  property,  and  our  reputation,  con- 
stituting the  great  field  of  human  concerns,  we  may  well  doubt  whether 
our  organization  is  not  too  complicated,  too  expensive;  whether  offices 
and  officers  have  not  been  multiplied  unnecessarily  and  sometimes  inju- 
riously to  the  service  they  were  meant  to  promote.  I  will  cause  to  be 
laid  before  you  an  essay  toward  a  statement  of  those  who,  under  public 
employment  of  various  kinds,  draw  money  from  the  Treasury  or  from 
our  citizens.  Time  has  not  permitted  a  perfect  enumeration,  the  ram- 
ifications of  office  being  too  multiplied  and  remote  to  be  completely 
traced  in  a  first  trial.  Among  those  who  are  dependent  on  Executive 
discretion  I  have  begun  the  reduction  of  what  was  deemed  unnecessary. 
The  expenses  of  diplomatic  agency  have  been  considerably  diminished. 
The  inspectors  of  internal  revenue  who  were  found  to  obstruct  the  ac- 
countability of  the  institution  have  been  discontinued.  Several  agencies 
created  by  Executive  authority,  on  salaries  fixed  by  that  also,  have  been 
suppressed,  and  should  suggest  the  expediency  of  regulating  that  power 
by  law,  so  as  to  subject  its  exercises  to  legislative  inspection  and  sanc- 
tion. Other  reformations  of  the  same  kind  will  be  pursued  with  that 
caution  which  is  requisite  in  removing  useless  things,  not  to  injure  what  is 
retained.  But  the  great  mass  of  public  offices  is  established  by  law,  and 
therefore  by  law  alone  can  be  abolished.  Should  the  Legislature  think 
it  expedient  to  pass  this  roll  in  review  and  try  all  its  parts  by  the  test  of 
public  utility,  they  may  be  as.sured  of  every  aid  and  light  which  Execu- 
tive information  can  yield.  Considering  the  general  tendency  to  multiply 
offices  and  dependencies  and  to  increase  expense  to  the  ultimate  term  of 
burthen  which  the  citizen  can  bear,  it  behooves  us  to  avail  ourselves  of 


Thomas  Jefferson  329 

every  occasion  which  presents  itself  for  taking  off  the  surcharge,  that  it 
never  may  be  seen  here  that  after  leaving  to  labor  the  smallest  portion 
of  its  earnings  on  which  it  can  subsist,  Goverimient  shall  itself  consume 
the  whole  residue  of  what  it  was  instituted  to  guard. 

In  our  care,  too,  of  the  public  contributions  intrusted  to  our  direction 
it  would  be  prudent  to  multiply  barriers  against  their  dissipation  by 
appropriating  specific  sums  to  every  specific  purpose  susceptible  of  defi- 
nition ;  by  disallowing  all  applications  of  money  varying  from  the  appro- 
priation in  object  or  transcending  it  in  amount;  by  reducing  the  undefined 
field  of  contingencies  and  thereby  circumscribing  discretionary  powers 
over  money,  and  by  bringing  back  to  a  single  department  all  accoinita- 
bilities  for  money,  where  the  examinations  may  \>q.  prompt,  efficacious, 
and  uniform. 

An  account  of  the  receipts  and  expenditures  of  the  last  year,  as  pre- 
pared by  the  Secretary  of  the  Treasury,  will,  as  usiial,  be  laid  Ijefore  you. 
The  success  which  has  attended  the  late  sales  of  the  public  lands  shews 
that  with  attention  they  may  be  made  an  important  source  of  receipt. 
Among  the  payments  those  made  in  discharge  of  the  principal  and  interest 
of  the  national  debt  will  shew  that  the  public  faitli  has  been  exactly 
maintained.  To  these  will  be  added  an  estimate  of  appropriations  neces- 
sar>'  for  the  ensuing  year.  This  last  will,  of  course,  be  affected  by  such 
modifications  of  the  system  of  expense  as  you  shall  think  proper  to  adopt. 

A  statement  has  been  formed  by  the  Secretary  of  War,  on  mature 
consideration,  of  all  the  posts  and  stations  where  garrisons  will  be  expe- 
dient and  of  the  number  of  men  requisite  for  each  garrison.  The  whole 
amount  is  considerably  short  of  the  present  military  establishment.  For 
the  surplus  no  particular  use  can  be  pointed  out.  For  defense  again.st 
invasion  their  number  is  as  nothing,  nor  is  it  conceived  needful  or  .safe 
that  a  standing  army  should  be  kept  up  in  time  of  peace  for  that  purpose. 
Uncertain  as  we  must  ever  be  of  the  particular  point  in  our  circumference 
where  an  enemy  may  choose  to  invade  us,  the  only  force  which  can  be 
ready  at  every  point  and  competent  to  oppo.se  them  is  the  body  of  neigh- 
boring citizens  as  formed  into  a  militia.  On  these,  collected  from  the 
parts  most  convenient  in  numbers  proportioned  to  the  invading  force,  it  is 
best  to  rely  not  onl}^  to  meet  the  first  attack,  but  if  it  threatens  to  be 
permanent  to  maintain  the  defense  until  regulars  maj'  be  engaged  to 
relieve  them.  These  considerations  render  it  important  that  we  should 
at  everj^  session  continue  to  amend  the  defects  which  from  time  to  time 
shew  themselves  in  the  laws  for  regulating  the  militia  until  they  are 
sufficiently  perfect.  Nor  should  we  now  or  at  any  time  .separate  until 
we  can  say  we  have  done  everything  for  the  militia  which  we  could  do 
were  an  enemy  at  our  door. 

The  provision  of  military  stores  on  hand  will  be  laid  before  you,  that 
you  may  judge  of  the  additions  .still  requisite. 

With  respect  to  the  extent  to  which  our  naval  preparations  should  be 


330  Messages  and  Papers  of  the  Presidents 

carried  some  difference  of  opinion  may  be  expected  to  appear,  but  just 
attention  to  the  circumstances  of  every  part  of  the  Union  will  doubtless 
reconcile  all.  A  small  force  will  probably  continue  to  be  wanted  for 
actual  ser\ace  in  the  Mediterranean.  Whatever  annual  sum  beyond  that 
you  may  think  proper  to  appropriate  to  naval  preparations  would  perhaps 
be  better  employed  in  pro\nding  those  articles  which  maj-  be  kept  without 
waste  or  consumption,  and  h^  in  readiness  when  any  exigence  calls  them 
into  use.  Progress  has  been  made,  as  will  appear  by  papers  now  com- 
municated, in  providing  materials  for  74-gun  ships  as  directed  by  law. 

How  far  the  authority  given  by  the  Legislature  for  procuring  and 
establishing  sites  for  naval  purposes  has  been  perfectly  understood  and 
pursued  in  the  execution  admits  of  some  doubt.  A  statement  of  the 
expenses  already  incurred  on  that  subject  is  now  laid  before  you.  I 
have  in  certain  cases  suspended  or  slackened  these  expendittures,  that  the 
Legislature  might  determine  whether  so  many  yards  are  necessarj^  as  have 
been  contemplated.  The  works  at  this  place  are  among  those  permitted 
to  go  on,  and  five  of  the  seven  frigates  directed  to  be  laid  up  have  been 
brought  and  laid  up  here,  where,  besides  the  safety  of  their  position,  they 
are  under  the  eye  of  the  Executive  Administration,  as  well  as  of  its 
agents,  and  where  yourselves  also  will  be  guided  by  your  own  view  in 
the  legislative  provisions  respecting  them  which  may  from  time  to  time 
be  necessary.  They  are  preserved  in  such  condition,  as  well  the  vessels 
as  whatever  belongs  to  them,  as  to  be  at  all  times  ready  for  sea  on  a  short 
warning.  Two  others  are  yet  to  be  laid  up  so  soon  as  they  shall  have 
received  the  repairs  requisite  to  put  them  also  into  sound  condition.  As 
a  superintending  officer  will  be  necessary  at  each  yard,  his  duties  and 
emoluments,  hitherto  fixed  by  the  Executive,  will  be  a  more  proper  sub- 
ject for  legislation.  A  communication  will  also  be  made  of  our  progress 
in  the  execution  of  the  law  respecting  the  yessels  directed  to  be  sold. 

The  fortifications  of  our  harbors,  more  or  less  advanced,  present  con- 
siderations of  great  difficulty.  While  some  of  them  are  on  a  scale  suffi- 
ciently proportioned  to  the  advantages  of  their  position,  to  the  efficacy  of 
their  protection,  and  the  importance  of  the  points  within  it,  others  are  so 
extensive,  will  co.st  so  much  in  their  first  erection,  so  much  in  their 
maintenance,  and  require  such  a  force  to  garrison  them  as  to  make  it 
questionable  what  is  best  now  to  be  done.  A  statement  of  those  com- 
menced or  projected,  of  the  expenses  already  incurred,  and  estimates  of 
their  future  cost,  as  far  as  can  be  foreseen,  shall  be  laid  before  you,  that 
you  may  be  enabled  to  judge  whether  any  alteration  is  necessary  in  the 
laws  respecting  this  subject. 

Agriculture,  manufactures,  commerce,  and  navigation,  the  four  pillars 
of  our  prosperity,  are  then  most  thriving  when  left  most  free  to  individual 
enterpri.se.  Protection  from  casual  embarrassments,  however,  may 
sometimes  be  sea.sonably  interposed.  If  in  the  course  of  your  observa- 
tions or  inquiries  they  should  appear  to  need  any  aid  within  the  limits  of 


Thomas  Jefferson  331 

our  constitutional  powers,  your  sense  of  their  importance  is  a  sufficient 
assurance  they  will  occupy  your  attention.  We  can  not,  indeed,  but  all 
feel  an  anxious  solicitude  for  the  difficulties  under  which  our  carrying 
trade  will  soon  Ix;  placed.  How  far  it  can  Ixi  relieved,  otherwise  than  by 
time,  is  a  subject  of  important  consideration. 

The  judiciary  system  of  the  United  States,  and  especially  that  portion 
of  it  recently  erected,  will  of  course  present  itself  to  the  contemplation  of 
Congress,  and,  that  they  may  be  able  to  judge  of  the  proportion  which 
the  institution  bears  to  the  business  it  has  to  perform,  I  have  cau.sed  to 
be  prcx:ured  from  the  several  States  and  now  lay  lx;fore  Congress  an 
exact  statement  of  all  the  causes  decided  since  the  first  establishment  of 
the  courts,  aiid  of  those  which  were  depending  when  additional  courts  and 
judges  were  brought  in  to  their  aid. 

And  while  on  the  judiciary  organization  it  will  be  worthy  your  con- 
sideration whether  the  protection  of  the  inestimable  institution  of  juries 
has  been  extended  to  all  the  cases  involving  the  .security  of  our  persons 
and  property.  Their  impartial  selection  also  being  essential  to  their 
value,  we  ought  further  to  consider  whether  that  is  sufficiently  secured  in 
those  States  where  they  are  named  by  a  marshal  depending  on  Executive 
will  or  designated  by  the  court  or  by  officers  dependent  on  them. 

I  can  not  omit  recommending  a  revisal  of  the  laws  on  the  subject  of 
naturalization.  Considering  the  ordinary  chances  of  human  life,  a  denial 
of  citizenship  under  a  residence  of  fourteen  years  is  a  denial  to  a  great 
proportion  of  those  who  ask  it,  and  controls  a  policy  pursued  from  their 
first  settlement  by  many  of  these  States,  and  still  believed  of  consequence 
to  their  prosperity;  and  shall  we  refuse  to  the  unhappy  fugitives  from  dis- 
tress that  hospitality  which  the  savages  of  the  wilderness  extended  to  our 
fathers  arriving  in  this  land?  Shall  oppressed  humanity  find  no  asylum 
on  this  globe?  The  Constitution  indeed  has  wisely  provided  that  for 
admission  to  certain  offices  of  important  trust  a  residence  shall  be  required 
sufficient  to  develop  character  and  design.  But  might  not  the  general 
character  and  capabilities  of  a  citizen  be  safely  communicated  to  every- 
one manifesting  a  bona  fide  purpose  of  embarking  his  life  and  fortunes 
permanently  with  us,  with  restrictions,  perhaps,  to  guard,  again.st  the 
fraudulent  usurpation  of  our  flag,  an  abuse  which  brings  so  nnich 
embarrassment  and  lo.ss  on  the  genuine  citizen  and  so  much  danger  to  the 
nation  of  being  involved  in  war  that  no  endeavor  should  be  spared  to 
detect  and  suppress  it? 

These,  fellow-citizens,  are  the  matters  respecting  the  state  of  the 
nation  which  I  have  thought  of  importance  to  be  submitted  to  your  con- 
sideration at  this  time.  Some  others  of  less  moment  or  not  yet  ready 
for  communicatioti  will  be  the  subject  of  separate  messages.  I  am  happy 
in  this  opportunity  of  committing  the  arduous  affairs  of  our  Government 
to  the  collected  wisdom  of  the  Union.  Nothing  shall  be  wanting  on  my 
part  to  inform  as  far  as  in  my  power  the  legislative  judgment,  nor  to 


332  Messages  and  Papers  of  the  Presidents 

carry  that  judgment  into  faithful  execution.  The  prudence  and  temper- 
ance of  your  discussions  will  promote  within  your  own  walls  that  concil- 
iatioti  which  so  much  befriends  rational  conclusion,  and  by  its  example 
will  encourage  among  our  constituents  that  progress  of  opinion  which  is 
tending  to  unite  them  in  object  and  in  will.  That  all  should  be  satisfied 
with  any  one  order  of  things  is  not  to  be  expected;  but  I  indulge  the 
pleasing  persuasion  that  the  great  body  of  our  citizens  will  cordially  con- 
cur in  honest  and  disinterested  efforts  which  have  for  their  object  to  pre- 
serve the  General  and  State  Governments  in  their  constitutional  form 
and  equilibrium;  to  maintain  peace  abroad,  and  order  and  obedience  to 
the  laws  at  home;  to  establish  principles  and  practices  of  administration 
favorable  to  the  security  of  liberty  and  property,  and  to  reduce  expenses 
to  what  is  necessar>'  for  the  useful  purposes  of  Government. 

TH:  JEFFERSON. 


SPECIAL  MESSAGES. 

December  ii,  i8oi. 
Gentlemen  of  the  Senate: 

Early  in  the  last  month  I  received  the  ratification  by  the  First  Consul  of 
France  of  the  convention  between  the  United  States  and  that  nation. 
His  ratification  not  being  pure  and  simple  in  the  ordinary  form,  I  have 
thought  it  my  duty,  in  order  to  avoid  all  misconception,  to  ask  a  second 
advice  and  consent  of  the  Senate  before  I  give  it  the  last  sanction  by  pro- 
claiming it  to  be  a  law  of  the  land. 

TH:  JEFFERSON. 


December  22,  1801. 
Gentlemen  of  the  Senate: 

The  States  of  Georgia  and  Tennessee  being  peculiarly  interested  in  our 
carrying  into  execution  the  two  acts  passed  by  Congress  on  the  19th  of 
Februarj',  1799  (chapter  115),  and  13th  May,  1800  (chapter  62),  com- 
missioners were  appointed  early  in  summer  and  other  measures  taken 
for  the  purpose.  The  objects  of  these  laws  requiring  meetings  with  the 
Cherokees,  Chickasaws,  Choctaws,  and  Creeks,  the  inclosed  instructions 
were  prepared  for  the  proceedings  with  the  three  first  nations.  Our  appli- 
cations to  the  Cherokees  failed  altogether.  Those  to  the  Chickasaws 
produced  the  treaty  now  laid  1)efore  you  for  your  advice  and  consent, 
whereby  we  obtained  permission  to  open  a  road  of  communication  with 
the  Mississippi  Territory.  The  commissioners  are  probably  at  this  time 
in  conference  with  the  Choctaws.  Further  information  having  been 
wanting  when  these  instructions  were  formed  to  enable  us  to  prepare 


Thomas  Jefferson  333 

those  respecting  the  Creeks,  the  commissioners  were  directed  to  proceed 
with  the  others.  We  have  now  reason  to  beUeve  the  conferences  with 
the  Creeks  can  not  take  place  till  the  spring. 

The  journals  and  letters  of  the  commissioners  relating  to  the  subject 
of  the  treaty  now  inclosed  accompany  it. 

TH:  JEFFERSON. 


December  22,  1801. 
Gentlemen  of  the  Senate  and  of  the  House  of  Representatives: 

I  now  inclose  sundry  documents  supplementary  to  those  communicated 
to  you  with  my  message  at  the  conmiencement  of  the  .session.  Two  others 
of  considerable  importance — the  one  relating  to  our  transactions  with  the 
Barbary  Powers,  the  other  presenting  a  view  of  the  offices  of  the  Govern- 
ment— shall  be  communicated  as  soon  as  they  can  be  completed. 

TH:  JEFFERSON. 

December  23,  1801. 
Gentlemen  of  the  Senate  and  of  the  Hojcse  of  Representatives: 

Another  return  of  the  census  of  the  State  of  Maryland  is  just  received 
from  the  marshal  of  that  State,  which  he  desires  may  be  substituted  as 
more  correct  than  the  one  first  returned  by  him  and  communicated  by 
me  to  Congress.    This  new  return,  with  liis  letter,  is  now  laid  before  you. 

TH:  JEFFERSON. 


January  ii,  1802, 
Gentlemen  of  the  Senate  and  of  the  House  of  Representatives. 

I  now  communicate  to  you  a  memorial  of  the  commissioners  of  the  city 
of  Washington,  together  with  a  letter  of  later  date,  which,  with  their  me- 
morial of  January  28,  1801,  will  possess  the  Legislature  fully  of  the  state 
of  the  public  interests  and  of  those  of  the  city  of  Washington  confided  to 
them.  The  moneys  now  due,  and  soon  to  become  due,  to  the  State  of 
Maryland  on  the  loan  guaranteed  by  the  United  States  call  for  an  early 
attention.  The  lots  in  the  city  which  are  chargeable  Anth  the  payment 
of  these  moneys  are  deemed  not  only  equal  to  the  indemnification  of  the 
public,  but  to  insure  a  considerable  surplus  to  the  city  to  be  employed 
for  its  improvement,  provided  they  are  offered  for  sale  only  in  sufficient 
numbers  to  meet  the  existing  demand.  But  the  act  of  1796  requires 
that  they  shall  be  positively  sold  in  such  numbers  as  shall  be  necessar>- 
for  the  punctual  payment  of  the  loans.  Nine  thousand  dollars  of  interest 
are  lately  become  due,  $3,000  quarter  yearly  will  continue  to  become 
due,  and  $50,000,  an  additional  loan,  are  reimbursable  on  the  ist  day  of 
November  next.     These  sums  would  require  sales  so  far  beyond  the 


334  Messages  and  Papers  of  the  Presidents 

actual  demand  of  the  market  that  it  is  apprehended  that  the  whole  prop- 
erty may  be  thereby  sacrificed,  the  public  security  destroyed,  and  the 
residuary  interest  of  the  city  entirely  lost.  Under  these  circumstances  I 
have  thought  it  my  duty  before  I  proceed  to  direct  a  rigorous  execution 
of  the  law  to  submit  the  subject  to  the  consideration  of  the  Legislature. 
Whether  the  public  interest  will  be  better  secured  in  the  end  and  that 
of  the  city  saved  by  offering  sales  commensurate  only  to  the  demand  at 
market,  and  advancing  from  the  Treasury  in  the  first  instance  what  these 
may  prove  deficient,  to  be  replaced  by  subsequent  sales,  rests  for  the 
determination  of  the  Legislature.  If  indulgence  for  the  funds  can  be  ad- 
mitted, they  will  probably  form  a  resource  of  great  and  permanent  value; 
and  their  embarrassments  have  been  produced  only  by  overstrained 
exertions  to  provide  accommodations  for  the  Government  of  the  Union 

TH:  JEFFERSON. 


January  12,  1802. 
Gentlemen  of  the  Senate: 

I  now  communicate  to  you  a  letter  from  the  Secretary  of  State  inclos- 
ing an  estimate  of  the  expenses  which  appear  at  present  necessary  for 
carrying  into  effect  the  convention  between  the  United  States  of  America 
and  the  French  Republic,  which  has  been  prepared  at  the  request  of  the 

House  of  Representatives. 

TH:  JEFFERSON. 


January  27,  1802. 
Gentlemen  of  the  Senate  and  of  the  Hoicse  of  Representatives: 

I  lay  before  you  the  accounts  of  our  Indian  trading  houses,  as  rendered 
up  to  the  ist  day  of  January,  1801,  with  a  report  of  the  Secretary  of  War 
thereon,  explaining  the  effects  and  the  situation  of  that  commerce  and 
the  reasons  in  favor  of  its  further  extension.  But  it  is  believed  that  the 
act  authorizing  this  trade  expired  so  long  ago  as  the  3d  of  March,  1799. 
Its  revival,  therefore,  as  well  as  its  extension,  is  submitted  to  the  consid- 
eration of  the  Legislature. 

The  act  regulating  trade  and  intercourse  with  the  Indian  tribes  will 
also  expire  on  the  3d  day  of  March  next.  While  on  the  subject  of  its 
continuance  it  will  be  worthy  the  consideration  of  the  Legislature  whether 
the  provisions  of  the  law  inflicting  on  Indians,  in  certain  cases,  the  punish- 
ment of  death  by  hanging  might  not  permit  its  commutation  into  death 
by  military  execution,  the  form  of  the  punishment  in  the  former  way 
being  peculiarly  repugnant  to  their  ideas  and  increasing  the  obstacles  to 
the  surrender  of  the  criminal. 

The.se  people  are  becoming  very  sensible  of  the  baneful  effects  produced 
on  their  morals,  their  health,  and  existence  by  the  abuse  of  ardent  spirits, 


Thomas  Jefferson  335 

and  some  of  them  earnestly  desire  a  prohibition  of  that  article  from  being 
carried  among  them.  The'  lyCgislature  will  consider  whether  the  effec- 
tuating that  desire  would  not  be  in  the  spirit  of  benevolence  and  liberal- 
ity which  they  have  hitherto  practiced  toward  these  our  neighbors,  and 
which  has  had  so  happy  an  effect  toward  conciliating  their  friendship. 
It  has  been  found,  too,  in  experience  that  the  same  abuse  gives  frequent 
rise  to  incidents  tending  much  to  commit  our  peace  with  the  Indians. 

It  is  now  become  necessary  to  run  and  mark  the  Ixjundaries  Ixitween 
them  and  us  in  various  parts.  The  law  last  mentioned  has  authorized 
this  to  be  done,  but  no  existing  appropriation  meets  the  expense. 

Certain  papers  explanatory  of  the  grounds  of  this  communication  are 
herewith  inclosed. 

TH:  JEFFKRSON. 


February  2,  1802. 
Gentlemen  of  the  Senate  and  of  the  House  of  Representatives: 
I  now  lay  before  you — 

1.  A  return  of  ordnance,  arms,  and  military  stores  the  property  of  the 
United  States. 

2.  Returns  of  muskets  and  bayonets  fabricated  at  the  armories  of  the 
United  States  at  Springfield  and  Harpers  Ferry,  and  of  the  expenditures 
at  those  places ;  and 

3.  An  estimate  of  expenditures  which  may  be  necessary  for  fortifica- 
tions and  barracks  for  the  present  year. 

Besides  the  permanent  magazines  established  at  Springfield,  West 
Point,  and  Harpers  Ferry,  it  is  thought  one  should  be  established  in 
some  point  convenient  for  the  States  of  North  Carolina,  South  Carolina, 
and  Georgia.  Such  a  point  will,  probably  be  found  near  the  border  of 
the  Carolinas,  and  some  small  provision  by  the  Legislature  preparatory 
to  the  establishment  will  be  necessary  for  the  present  year. 

We  find  the  United  States  in  possession  of  certain  iron  mines  and  works 
in  the  county  of  Berkeley  and  State  of  Virginia,  purchased,  as  is  presum- 
able, on  the  idea  of  establishing  works  for  the  fabrication  of  cannon 
and  other  military  articles  by  the  public.  Whether  this  method  of  sup- 
plying what  may  be  wanted  will  be  most  advisable  or  that  of  purchasing 
at  market  where  competition  brings  everything  to  its  proper  level  of  price 
and  quality  is  for  the  Legislature  to  decide,  and  if  the  latter  alternative 
be  preferred,  it  will  rest  for  their  further  consideration  in  what  way  the 
subjects  of  this  purcha.se  may  be  best  employed  or  disposed  of.  The 
Attorney-General's  opinion  on  the  subject  of  the  title  accompanies  this. 

There  are  in  various  parts  of  the  United  States  small  parcels  of  land 
which  have  been  purchased  at  different  times  for  cantonments  and  other 
military  purposes.  Several  of  thein  are  in  situations  not  likely  to  be 
accommodated  to  future  purposes.     'J'he  loss  of  the  records  prevents  a 


336  Messages  and  Papers  of  the  Presidents 

detailed  statement  of  these  until  they  can  be  supplied  by  inquiry.  In 
the  meantime,  one  of  them,  containing  88  acres,  in  the  county  of  Essex, 
in  New  Jersey,  purchased  in  1799  and  sold  the  following  year  to  Cornelius 
Vennule  and  Andrew  Codmas,  though  its  price  has  been  received,  can 
not  be  conveyed  without  authority  from  the  Legislature. 

I  inclose  herewith  a  letter  from  the  Secretary  of  War  on  the  subject  of 
the  islands  in  the  lakes  and  rivers  of  our  northern  boundary,  and  of  cer- 
tain lands  in  the  neighborhood  of  some  of  our  military  posts,  on  which  it 
may  be  expedient  for  the  L,egislature  to  make  some  provisions. 

TH:  JEFFERSON. 

February  16,  1802. 
Gentletnen  of  the  Seriate  arid  of  the  House  of  Representatives: 

I  now  transmit  a  statement  of  the  expenses  incurred  by  the  United 
States  in  their  transactions  with  the  Barbary  Powers,  and  a  roll  of  the 
persons  having  oflSce  or  employment  under  the  United  States,  as  was 
proposed  in  my  messages  of  December  7  and  22.  Neither  is  as  perfect 
as  could  have  been  wished,  and  the  latter  not  .so  much  so  as  further  time 
and  inquiry  may  enable  us  to  make  it. 

The  great  volume  of  these  communications  and  the  delay  it  would 
produce  to  make  out  a  second  copy  will,  I  trust,  be  deemed  a  sufficient 
reason  for  sending  one  of  them  to  the  one  House,  and  the  other  to  the 
other,  with  a  request  that  they  may  be  interchanged  for  mutual  infor- 
mation rather  than  to  subject  both  to  further  delay. 

TH:  JEFFERSON. 

February  18,  1802. 
Gentlemen  of  the  Senate  and  of  the  House  of  Representatives: 

In  a  message  of  the  2d  instant  I  inclosed  a  letter  from  the  Secretary 
of  War  on  the  subject  of  certain  lands  in  the  neighborhood  of  our  mili- 
tary posts  on  which  it  might  be  expedient  for  the  Legislature  to  make 
some  provisions.  A  letter  recently  received  from  the  governor  of  Indi- 
ana presents  some  further  views  of  the  extent  to  which  such  provision 
may  be  needed.  I  therefore  now  transmit  it  for  the  information  of 
Congress. 

TH:  JEFFERSON. 

February  24,  1802. 
Gentlemeri  of  the  Senate  and  of  the  House  of  Representatives: 

I  communicate  to  both  Houses  of  Congress  a  report  of  the  Secretary  of 
the  Treasury  on  the  subject  of  our  marine  ho.spitals,  which  appear  to 
require  legislative  attention. 

As  connected  with  the  same  subject,  I  also  inclose  information  respect- 


Thomas  Jefferson  337 

ing  the  situation  of  our  seamen  and  boatmen  frequenting  the  port  of  New 
Orleans  and  suffering  there  from  sickness  and  the  want  of  accommoda- 
tion. There  is  good  reason  to  beheve  their  numljers  greater  than  stated 
in  these  papers.  When  we  consider  how  great  a  proportion  of  the  terri- 
tory of  the  United  States  must  communicate  with  that  port  singly,  and 
how  rapidly  that  territory  is  increasing  its  population  and  productions,  it 
may  perhaps  be  thought  reasonable  to  make  hospital  provisions  there 
of  a  different  order  from  those  at  foreign  ports  generally. 

TH:  JEFFERSON. 

February  25,  1802. 
Gentlemen  of  the  Senate  and  of  the  House  of  Representatives: 

No  occasion  having  arisen  since  the  last  account  rendered  by  my  pred- 
ecessor of  making  use  of  any  part  of  the  moneys  heretofore  granted  to 
defray  the  contingent  charges  of  the  Government,  I  now  transmit  to 
Congress  an  official  statement  thereof  to  the  31st  day  of  December  last, 
when  the  whole  unexpended  balance,  amounting  to  $20,91 1.80,  was  car- 
ried to  the  credit  of  the  surplus  fund,  as  provided  for  by  law,  and  this 
account  consequently  becomes  finally  closed. 

TH:  JEFFERSON. 

February  26,  1802. 
Gentlemen  of  the  Senate  and  of  the  House  of  Representatives: 

Some  statements  have  been  lately  received  of  the  causes  decided  or 
depending  in  the  courts  of  the  Union  in  certain  States,  supplementary  or 
corrective  of  those  from  which  was  formed  the  general  statement  accom- 
panying my  message  at  the  opening  of  the  session.  I  therefore  commu- 
nicate them  to  Congress,  with  a  report  of  the  Secretary  of  State  noting 
their  effect  on  the  former  statement  and  correcting  certain  errors  in  it 
which  arose  partly  from  inexactitude  in  some  of  the  returns  and  partly 
in  analyzing,  adding,  and  transcribing  them  while  hurried  in  preparing 
the  other  voluminous  papers  accompanying  that  message. 

TH:  JEFFERSON. 

March  i,  1802. 
Gentlemen  of  the  Senate  and  of  the  House  of  Represaitatives: 

I  transmit  for  the  information  of  Congress  letters  recently  received 
from  our  consuls  at  Gibraltar  and  Algiers,  presenting  the  latest  view  of 
the  state  of  our  affairs  with  the  Barbary  Powers.  The  sums  due  to  the 
Government  of  Algiers  are  now  fully  paid  up,  and  of  the  gratuity  which 
had  been  promised  to  that  of  Tunis,  and  was  in  a  course  of  preparation, 
a  small  portion  only  remains  still  to  be  finished  and  deUvered. 

TH:  JEFFERSON. 

M   P — VOL   I — 22 


338  Messages  and  Papers  of  the  Presidents 

March  9,  1802. 
Gentlemen  of  the  Senate: 

The  governor  of  New  York  has  desired  that,  in  addition  to  the  negotia^ 
tions  with  certain  Indians  already  authorized  under  the  superintendence  of 
John  Taylor,  further  negotiations  should  be  held  with  the  Oneidas  and 
other  nienilx;rs  of  the  Confederacy  of  the  Six  Nations  for  the  purchase 
of  lands  in  and  for  the  State  of  New  York,  which  they  are  willing  to  sell, 
as  explained  in  the  letter  from  the  Secretary  of  War  herewith  .sent.  I 
have  therefore  thought  it  better  to  name  a  commissioner  to  superintend 
the  negotiations  .specified  with  the  Six  Nations  generally,  or  with  any  of 
them. 

I  do  accordingly^  nominate  John  Tajdor,  of  New  York,  to  be  commis- 
sioner for  the  United  States,  to  hold  a  convention  or  conventions  between 
the  State  of  New  York  and  the  Confederacy  of  the  Six  Nations  of  Indi- 
ans, or  an}^  of  the  nations  composing  it. 

This  nomination,  if  advised  and  consented  to  by  the  Senate,  will  com- 
prehend and  supersede  that  of  February  i  of  the  same  John  Taylor  so 
far  as  it  respected  the  Seneca  Indians. 

TH:  JEFFERSON. 


March  10,  1802. 
Gentlemen  of  the  Senate: 

I  now  submit  for  the  ratification  of  the  Senate  a  treaty  entered  into  by 
the  commissioners  of  the  United  States  with  the  Choctaw  Nation  of 
Indians,  and  I  transmit  therewith  so  much  of  the  instructions  to  the  com- 
missioners as  related  to  the  Choctaw\s,  with  the  minutes  of  their  proceed- 
ings and  the  letter  accompanying  them. 

TH:  JEFFERSON. 


March  29,  1802. 
Gentlemen  of  the  Senate  and  of  the  House  of  Represe7itatives: 

The  Secretary  of  State,  charged  with  the  civil  affairs  of  the  several  Ter- 
ritories of  the  United  States,  has  received  from  the  marshal  of  Colum- 
bia a  statement  of  the  condition,  unavoidably  di.stressing,  of  the  persons 
committed  to  his  custody  on  civil  or  criminal  process  and  the  urgency 
for  some  legislative  provisions  for  their  relief.  There  are  other  important 
cases  wherein  the  laws  of  the  adjoining  States  under  which  the  Territory 
is  placed,  though  adapted  to  the  purposes  of  those  States,  are  insufficient 
for  those  of  the  Territory  from  the  dissimilar  or  defective  organization  of 
its  authorities.  The  letter  and  statement  of  the  marshal  and  the  dis- 
quieting state  of  the  Territor>^  generally  are  now  submitted  to  the  wisdom 
and  consideration  of  the  Legislature. 

TH:  JEFFERSON. 


Thomas  Jefferson  339 

March  29,  1802. 
Gentlemen  of  the  Senate: 

The  commissioners  who  were  appointed  to  carry  into  execution  the 
sixth  article  of  the  treaty  of  amity,  commerce,  and  navigation  between 
the  United  States  and  His  Britannic  Majesty  having  differed  in  opinion 
as  to  the  objects  of  that  article  and  discontinued  their  proceedings,  the 
Executive  of  the  United  States  took  early  measures,  by  instructions  to 
our  minister  at  the  British  Court,  to  negotiate  explanations  of  that  article. 
This  mode  of  resolving  the  difficulty,  however,  proved  unacceptable  to 
the  British  Government,  which  chose  rather  to  avoid  all  further  discus- 
sion and  expense  under  that  article  by  fixing  at  a  given  sum  the  amount 
for  which  the  United  States  should  be  held  responsible  under  it.  Mr. 
King  was  consequently  authorized  to  meet  this  proposition,  and  a  settle- 
ment in  this  way  has  been  effected  by  a  convention  entered  into  with  the 
British  Government,  and  now  communicated  for  your  advice  and  consent, 
together  with  the  instructions  and  correspondence  relating  to  it.  The 
greater  part  of  these  papers  being  originals,  the  return  of  them  is  re- 
quested at  the  convenience  of  the  Senate. 

TH:  JEFFERSON. 


March  30,  1802. 
Gentlemen  of  the  Senate  and  of  the  House  of  Representatives: 

The  Secretary  of  War  has  prepared  an  estimate  of  expenditures  for 
the  Army  of  the  United  States  during  the  year  1802,  conformably  to 
the  act  fixing  the  military  peace  establishment,  which  estimate,  with  his 
letter  accompanying  and  explaining  it,  I  now  transmit  to  both  Houses 
of  Congress. 

TH:  JEFFERSON. 


March  31,  1802. 
Gentlemen  of  the  House  of  Representatives: 

According  to  the  desire  expressed  in  yowx  resolution  of  the  23d  instant, 
I  now  transmit  a  report  of  the  Secretary  of  State,  with  the  letters  it  refers 
to,  shewing  the  proceedings  which  have  taken  place  under  the  resolution 
of  Congress  of  the  i6th  of  April,  1800.  The  term  prescribed  for  the  exe- 
cution of  the  resolution  having  elapsed  before  the  person  appointed  had 
sat  out  on  the  service,  I  did  not  deem  it  justifiable  to  commence  a  course 
of  expenditure  after  the  expiration  of  the  resolution  authorizing  it.  The 
correspondence  which  has  taken  place,  having  regard  to  dates,  will  place 
this  subject  properly  under  the  view  of  the  House  of  Representatives. 

TH:  JEFFERSON. 


340  Messages  and  Papers  of  the  Presidents 

April  8,  1802, 
Gentlemen  of  the  Senate: 

lu  order  to  satisfy  as  far  as  it  is  in  my  power  the  desire  expressed  in 
your  resolution  of  the  6th  instant,  I  now  transmit  you  a  letter  from  John 
Read,  agent  for  the  United  States  before  the  board  of  commissioners 
under  the  sixth  article  of  the  treaty  with  Great  Britain,  to  the  Attorney- 
General,  bearing  date  the  25th  of  April,  1801,  in  which  he  gives  a  sum- 
mary view  of  the  proceedings  of  those  commissioners  and  of  the  principles 
established  or  insisted  on  by  a  majority  of  them. 

Supposing  it  might  be  practicable  for  us  to  settle  by  negotiation  with 
Great  Britain  the  principles  which  ought  to  govern  the  decisions  under 
the  treaty,  I  caused  instructions  to  be  given  to  Mr.  Read  to  analyze  the 
claims  before  the  board  of  commissioners,  to  class  them  under  the  prin- 
ciples on  which  they  respectively  depended,  and  to  state  the  sum  depending 
on  each  principle  or  the  amount  of  each  description  of  debt.  The  object 
of  this  was  that  we  might  know  what  principles  were  most  important  for 
us  to  contend  for  and  what  others  might  be  conceded  without  much 
injury.  He  performed  this  duty,  and  gave  in  such  a  statement  during 
the  last  summer,  but  the  chief  clerk  of  the  Secretarj''  of  State's  office 
being  absent  on  account  of  sickness,  and  the  only  person  acquainted  with 
the  arrangement  of  the  papers  of  the  office,  this  particular  document  can 
not  at  this  time  be  found.  Having,  however,  been  myself  in  possession 
of  it  a  few  days  after  its  receipt,  I  then  transcribed  from  it  for  my  own 
use  the  recapitulation  of  the  amount  of  each  description  of  debt.  A 
copy  of  this  transcript  I  shall  subjoin  hereto,  with  assurances  that  it  is 
substantially  correct,  and  with  the  hope  that  it  will  give  a  view  of  the 
subject  sufficiently  precise  to  fulfill  the  wishes  of  the  Senate.  To  save 
them  the  delay  of  waiting  till  a  copy  of  the  agent's  letter  could  be  made, 
I  send  the  original,  with  the  request  that  it  may  be  returned  at  the  con- 
venience of  the  Senate. 

TH:  JEFFERSON. 


April  15,  1802. 
GentlemcJi  of  the  House  of  Representatives: 

I  now  transmit  the  papers  desired  in  your  resolution  of  the  6th  instant. 
Those  respecting  the  Berceau  will  sufficiently  explain  themselves.  The 
officer  charged  with  her  repairs  states  in  his  letter,  received  August  27, 
1 801,  that  he  had  been  led  by  circumstances,  which  he  explains,  to  go 
considerably  beyond  his  orders.  In  questions  between  nations,  who 
have  no  common  umpire  but  reason,  something  must  often  be  yielded  of 
mutual  opinion  to  enable  them  to  meet  in  a  common  point. 

The  allowance  which  had  been  proposed  to  the  officers  of  that  vessel 
being  represented  as  too  small  for  their  daily  necessities,  and  still  more  so 
as  the  means  of  paying  before  their  departure  debts  contracted  with  our 


Thomas  Jefferson  341 

citizens  for  subsistence,  it  was  requested  on  their  behalf  that  the  daily 
pay  of  each  might  be  the  measure  of  their  allowance. 

This  being  solicited  and  reimbursement  assumed  by  the  agent  of  their 
nation,  I  deemed  that  the  indulgence  would  have  a  propitious  effect  in 
the  moment  of  returning  friendship.  The  sum  of  $870.83  was  accordingly 
furnished  them  for  the  five  months  of  past  captivity  and  a  proportional 
allowance  authorized  until  their  embarkation. 

TH:  JEFFERSON. 


April  20,  1802. 
Gentlemen  of  the  House  of  Representatives: 

I  transmit  you  a  report  from  the  Secretary  of  State,  with  the  information 

desired  by  the  House  of  Representatives,  of  the  8th  of  January,  relative 

to  certain  spoliations  and  other  proceedings  therein  referred  to. 

TH:  JEFFERSON. 

ApriIv  26,  1802. 
Gentlemen  of  the  Senate  and  of  the  House  of  Representatives: 

In  pursuance  of  the  act  entitled  "An  act  supplemental  to  the  act 
entitled  'An  act  for  an  amicable  settlement  of  limits  with  the  State  of 
Georgia,  and  authorizing  the  establishment  of  a  government  in  the  Mis- 
sissippi Territor>','  "  James  Madison,  Secretary  of  State,  Albert  Gallatin, 
Secretary  of  the  Treasury,  and  Eevi  Lincoln,  Attorney-General  of  the 
United  States,  were  appointed  commissioners  to  settle  by  compromise 
with  the  commissioners  appointed  by  the  State  of  Georgia  the  claims  and 
cession  to  which  the  said  act  has  relation. 

Articles  of  agreement  and  cession  have  accordingly  been  entered  into 
and  signed  by  the  said  commissioners  of  the  United  States  and  of  Georgia, 
which,  as  they  leave  a  right  to  Congress  to  act  upon  them  legislatively 
at  any  time  within  six  months  after  their  date,  I  have  thought  it  my  duty 
immediately  to  communicate  to  the  Legislature. 

TH:  JEFFERSON. 

Aprii,  27,  1802. 
Gentlemen  of  the  Senate  and  of  the  House  of  Represe^itatives: 

The  commissioners  who  were  appointed  to  carr>'  into  execution  the 
sixth  article  of  the  treaty  of  amity,  commerce,  and  navigation  between 
the  United  States  and  Great  Britain  having  differed  in  their  construction 
of  that  article,  and  separated  in  consequence  of  that  difference,  the  Presi- 
dent of  the  United  States  took  immediate  measures  for  obtaining  conven- 
tional explanations  of  that  article  for  the  government  of  the  commissioners. 
Finding,  however,  great  difficulties  opposed  to  a  settlement  in  that  way, 


342  Messages  and  Papers  of  the  Presidents 

he  authorized  our  minister  at  the  Court  of  Londoii  to  meet  a  proposition 
that  the  United  States  by  the  payment  of  a  fixed  sum  should  discharge 
themselves  from  their  responsibility  for  such  debts  as  can  not  be  recovered 
from  the  individual  debtors.  A  convention  has  accordingly  been  signed, 
fixing  the  sum  to  be  paid  at  /■6oo,ooo  in  three  equal  and  annual  install- 
ments, which  has  been  ratified  by  me  with  the  advice  and  consent  of  the 
Senate. 

I  now  transmit  copies  thereof  to  both  Houses  of  Congress,  trusting 
that  in  the  free  exercise  of  the  authority  which  the  Constitution  has  given 
them  on  the  subject  of  public  expenditures  they  will  deem  it  for  the 
public  interest  to  appropriate  the  sums  necessary  for  carrying  this  con- 
vention into  execution. 

TH:  JEFFERSON. 


SECOND  ANNUAL  MESSAGE. 

December  15,  1802. 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

When  we  assemble  together,  fellow-citizens,  to  consider  the  state  of 
our  beloved  country,  our  just  attentions  are  first  drawn  to  those  pleasing 
circumstances  which  mark  the  goodness  of  that  Being  from  whose  favor 
they  flow  and  the  large  measure  of  thankfulness  we  owe  for  His  bounty. 
Another  year  has  come  around,  and  finds  us  still  blessed  with  peace  and 
friendship  abroad;  law,  order,  and  religion  at  home;  good  affection  and 
harmony  with  our  Indian  neighbors;  our  burthens  lightened,  yet  our 
income  sufficient  for  the  public  wants,  and  the  produce  of  the  year  great 
beyond  example.  These,  fellow-citizens,  are  the  circumstances  under 
which  we  meet,  and  we  remark  with  special  satisfaction  those  which 
under  the  smiles  of  Providence  result  from  the  skill,  industry,  and  order 
of  our  citizens,  managing  their  own  affairs  in  their  own  way  and  for  their 
own  use,  unembarrassed  by  too  much  regulation,  unoppressed  by  fiscal 
exactions. 

On  the  restoration  of  peace  in  Europe  that  portion  of  the  general  car- 
rying trade  which  had  fallen  to  our  share  during  the  war  was  abridged 
by  the  returning  competition  of  the  belligerent  powers.  This  was  to  be 
expected,  and  was  just.  But  in  addition  we  find  in  some  parts  of  Europe 
monopolizing  discriminations,  which  in  the  form  of  duties  tend  effectu- 
ally to  prohibit  the  carrying  thither  our  own  produce  in  our  own  vessels. 
From  existing  amities  and  a  spirit  of  justice  it  is  hoped  that  friendly 
discussion  will  produce  a  fair  and  adequate  reciprocity.  But  should 
false  calculations  of  interest  defeat  our  hope,  it  rests  with  the  Legislature 
to  decide  whether  they  will  meet  inequalities  abroad  with  countervailing 
inequaUties  at  home,  or  provide  for  the  evil  in  any  other  way. 


Thomas  Jefferson  343 

It  is  with  satisfaction  I  lay  before  you  an  act  of  the  British  ParUament 
anticipating  this  subject  so  far  as  to  authorize  a  mutual  abolition  of  the 
duties  and  countervailing  duties  permitted  under  the  treaty  of  1794.  It 
shows  on  their  part  a  spirit  of  justice  and  friendly  accommodation  which 
it  is  our  duty  and  our  interest  to  cultivate  with  all  nations.  Whether  this 
would  produce  a  due  equality  in  the  navigation  between  the  two  coun- 
tries is  a  subject  for  your  consideration. 

Another  circumstance  which  claims  attention  as  directly  affecting  the 
very  .source  of  our  navigation  is  the  defect  or  the  evasion  of  the  law  pro- 
viding for  the  return  of  seamen,  and  particularly  of  those  belonging  to 
vessels  sold  abroad.  Numbers  of  them,  discharged  in  foreign  ports,  have 
been  thrown  on  the  hands  of  our  consuls,  who,  to  rescue  them  from  the 
dangers  into  which  their  distresses  might  plunge  them  and  .save  them  to 
their  country,  have  found  it  necessary  in  some  cases  to  retiun  them  at  the 
public  charge. 

The  cession  of  the  Spanish  Province  of  Louisiana  to  France,  which 
took  place  in  the  course  of  the  late  war,  will,  if  carried  into  effect,  make 
a  change  in  the  aspect  of  our  foreign  relations  which  will  doubtless  have 
just  weight  in  any  deliberations  of  the  L^egislature  connected  with  that 
subject. 

There  was  reason  not  long  since  to  apprehend  that  the  warfare  in  which 
we  were  engaged  with  Tripoli  might  be  taken  up  by  some  other  of  the 
Barbary  Powers.  A  reenforcement,  therefore,  was  immediately  ordered 
to  the  vessels  already  there.  Subsequent  information,  however,  has 
removed  these  apprehensions  for  the  present.  To  .secure  our  commerce 
in  that  sea  with  the  smallest  force  competent,  we  have  supposed  it  best 
to  watch  .strictly  the  harbor  of  Tripoli.  Still,  however,  the  shallowness 
of  their  coast  and  the  want  of  smaller  vessels  on  our  part  has  permitted 
some  cruisers  to  escape  unobserved,  and  to  one  of  these  an  American 
vessel  unfortunately  fell  a  prey.  The  captain,  one  American  seaman,  and 
two  others  of  color  remain  prisoners  with  them  unless  exchanged  under 
an  agreement  formerly  made  with  the  Bashaw,  to  whom,  on  the  faith  of 
that,  some  of  his  captive  .subjects  had  been  restored. 

The  convention  with  the  State  of  Georgia  has  loeen  ratified  by  their 
legislature,  and  a  repurchase  from  the  Creeks  has  been  consequently  made 
of  a  part  of  the  Talasscee  country.  In  this  purcha,se  has  been  also  com- 
prehended a  part  of  the  lands  within  the  fork  of  Oconee  and  Oakmulgee 
rivers.  The  particulars  of  the  contract  will  be  laid  before  Congress  so 
soon  as  they  shall  be  in  a  state  for  communication. 

In  order  to  remove  every  ground  of  difference  possible  with  our  Indian 
neighbors,  I  have  proceeded  in  the  work  of  settHng  with  them  and  mark- 
ing the  boundaries  between  us.  That  with  the  Choctaw  Nation  is  fixed 
in  one  part  and  will  be  through  the  whole  within  a  short  time.  The 
country  to  which  their  title  had  been  extinguished  before  the  Revolution 
is  sufl&cient  to  receive  a  very  respectable  population,  which  Congress  will 


344  Messages  and  Papers  of  the  Presidents 

probably  see  the  expediency  of  encouraging  so  soon  as  the  limits  shall  be 
declared.  We  are  to  view  this  position  as  an  outpost  of  the  United  States, 
surrounded  by  strong  neighbors  and  distant  from  its  support;  and  how 
far  that  monopoly  which  prevents  population  should  here  be  guarded 
against  and  actual  habitation  made  a  condition  of  the  continuance  of  title 
will  be  for  your  consideration.  A  prompt  settlement,  too,  of  all  existing 
rights  and  claims  within  this  territory  presents  itself  as  a  prehminary 
operation. 

In  that  part  of  the  Indiana  Territory  which  includes  Vincennes  the  hues 
settled  with  the  neighboring  tribes  fix  the  extinction  of  their  title  at  a 
breadth  of  24  leagues  from  east  to  west  and  about  the  same  length  par- 
allel with  and  including  the  Wabash.  They  have  also  ceded  a  tract  of 
4  miles  square,  including  the  salt  springs  near  the  mouth  of  that  river. 

In  the  Department  of  Finance  it  is  with  pleasure  I  inform  you  that  the 
receipts  of  external  duties  for  the  last  twelve  months  have  exceeded  those 
of  any  former  year,  and  that  the  ratio  of  increase  has  been  also  greater 
than  usual.  This  has  enabled  us  to  answer  all  the  regular  exigencies 
of  Government,  to  pay  from  the  Treasury  within  one  year  upward  of 
$8,000,000,  principal  and  interest,  of  the  public  debt,  exclusive  of  upward 
of  one  million  paid  by  the  sale  of  bank  stock,  and  making  in  the  whole 
a  reduction  of  nearly  five  millions  and  a  half  of  principal,  and  to  have 
now  in  the  Treasury  $4,500,000,  which  are  in  a  course  of  application  to 
the  further  discharge  of  debt  and  current  demands.  Experience,  too,  so 
far,  authorizes  us  to  believe,  if  no  extraordinary  event  supervenes,  and 
the  expenses  which  will  be  actually  incurred  shall  not  be  greater  than 
were  contemplated  by  Congress  at  their  last  session,  that  we  shall  not  be 
disappointed  in  the  expectations  then  formed.  But  nevertheless,  as  the 
effect  of  peace  on  the  amount  of  duties  is  not  yet  fully  ascertained,  it  is 
the  more  necessary  to  practice  every  useful  economy  and  to  incur  no 
expense  which  may  be  avoided  without  prejudice. 

The  collection  of  the  internal  taxes  having  been  completed  in  some  of 
the  States,  the  ofl&cers  employed  in  it  are  of  course  out  of  commission. 
In  others  they  will  be  so  shortly.  But  in  a  few,  where  the  arrangements 
for  the  direct  tax  had  been  retarded,  it  will  be  some  time  before  the 
system  is  closed.  It  has  not  yet  been  thought  necessary  to  employ  the 
agent  authorized  by  an  act  of  the  last  session  for  transacting  business  in 
Europe  relative  to  debts  and  loans.  Nor  have  we  used  the  power  con- 
fided by  the  same  act  of  prolonging  the  foreign  debt  by  reloans,  and  of 
redeeming  instead  thereof  an  equal  sum  of  the  domestic  debt.  Should, 
however,  the  difficulties  of  remittance  on  so  large  a  scale  render  it  neces- 
sary at  any  time,  the  power  shall  be  executed  and  the  money  thus  unem- 
ployed abroad  shall,  in  conformity  with  that  law,  be  faithfully  applied 
here  in  an  equivalent  extinction  of  domestic  debt.  When  effects  so  sal- 
utary result  from  the  plans  you  have  already  sanctioned;  when  merely  by 
avoiding  false  objects  of  expense  we  are  able,  without  a  direct  tax,  with- 


Thomas  Jefferson  345 

out  internal  taxes,  and  without  borrowing  to  make  large  and  effectual 
payments  toward  the  discharge  of  our  public  debt  and  the  emancipation 
of  our  posterity  from  that  mortal  canker,  it  is  an  encouragement,  fellow- 
citizens,  of  the  highest  order  to  proceed  as  we  have  begun  in  substituting 
economy  for  taxation,  and  in  pursuing  what  is  useful  for  a  nation  placed 
as  we  are,  rather  than  what  is  practiced  by  others  under  different  circum- 
stances. And  whensoever  we  are  destined  to  meet  events  which  shall 
call  forth  all  the  energies  of  our  countrymen,  we  have  the  firmest  reliance 
on  those  energies  and  the  comfort  of  leaving  for  calls  like  these  the 
extraordinary  resources  of  loans  and  internal  taxes.  In  the  meantime, 
by  payments  of  the  principal  of  our  debt,  we  are  liberating  annually 
portions  of  the  external  taxes  and  forming  from  them  a  growing  fund 
still  further  to  lessen  the  necessity  of  recurring  to  extraordinary  resources. 

The  usual  account  of  receipts  and  expenditures  for  the  last  year,  with 
an  estimate  of  the  expenses  of  the  ensuing  one,  will  be  laid  before  you  by 
the  Secretary  of  the  Treasury. 

No  change  being  deemed  necessary  in  our  miUtary  establishment,  an 
estimate  of  its  expenses  for  the  ensuing  year  on  its  present  footing,  as 
also  of  the  sums  to  be  employed  in  fortifications  and  other  objects  within 
that  department,  has  been  prepared  by  the  Secretary  of  War,  and  will 
make  a  part  of  the  general  estimates  which  will  be  presented  you. 

Considering  that  our  regular  troops  are  employed  for  local  purposes, 
and  that  the  militia  is  our  general  reliance  for  great  and  sudden  emer- 
gencies, you  will  doubtless  think  this  institution  worthy  of  a  review,  and 
give  it  those  improvements  of  which  you  find  it  susceptible. 

Estimates  for  the  Naval  Department,  prepared  by  the  Secretary  of  the 
Navy,  for  another  year  will  in  like  manner  be  communicated  with  the 
general  estimates.  A  small  force  in  the  Mediterranean  will  still  be  neces- 
sary to  restrain  the  Tripoline  cruisers,  and  the  uncertain  tenure  of  peace 
with  some  other  of  the  Barbary  Powers  may  eventually  require  that  force 
to  be  augmented.  The  necessity  of  procuring  some  smaller  vessels  for 
that  service  will  raise  the  estimate,  but  the  difference  in  their  maintenance 
will  soon  make  it  a  measure  of  economy. 

Presuming  it  will  be  deemed  expedient  to  expend  annually  a  conven- 
ient sum  toward  providing  the  naval  defense  which  our  situation  may 
require,  I  can  not  but  recommend  that  the  first  appropriations  for  that 
purpose  may  go  to  the  saving  what  we  already  possess.  No  cares,  no 
attentions,  can  preserve  vessels  from  rapid  decay  which  lie  in  water  and 
exposed  to  the  sun.  These  decays  require  great  and  constant  repairs, 
and  will  consume,  if  continued,  a  great  portion  of  the  moneys  destined 
to  naval  purposes.  To  avoid  this  waste  of  our  resources  it  is  proposed  to 
add  to  our  navy-yard  here  a  dock  within  which  our  present  vessels  may 
be  laid  up  dr>^  and  under  cover  from  the  sun.  Under  these  circumstances 
experience  proves  that  works  of  wood  will  remain  scarcely  at  all  affected 
by  time.    The  great  abundance  of  running  water  which  this  situation 


346  Messages  and  Papers  of  the  Presidents 

possesses,  at  heights  far  above  the  lex-el  of  the  tide,  if  employed  as  is  prac- 
ticed for  lock  navigation,  furnishes  the  means  for  raising  and  laying  up 
our  vessels  on  a  dry  and  sheltered  l)ed.  And  should  the  measure  be  found 
useful  here,  similar  depositories  for  laying  up  as  well  as  for  building  and 
repairing  vessels  may  hereafter  be  undertaken  at  other  navy-yards  offering 
the  same  means.  The  plans  and  estimates  of  the  work,  prepared  by  a 
person  of  skill  and  experience,  will  be  presented  to  you  without  delay, 
and  from  this  it  will  be  seen  that  scarcely  more  than  has  been  the  cost  of 
one  vessel  is  necessary  to  save  the  w'hole,  and  that  the  annual  sum  to  be 
employed  toward  its  completion  may  Ixi  adapted  to  the  views  of  the  Leg- 
islature as  to  naval  expenditure. 

To  cultivate  peace  and  maintain  commerce  and  navigation  in  all  their 
lawful  enterprises;  to  foster  our  fivsheries  as  nurseries  of  navigation  and 
for  the  nurture  of  man,  and  protect  the  manufactiu"es  adapted  to  our  cir- 
cumstances; to  preserve  the  faith  of  the  nation  by  an  exact  discharge  of 
its  debts  and  contracts,  expend  the  public  mone}'  with  the  same  care  and 
economy  we  would  practice  with  our  own,  and  impose  on  our  citizens  no 
unnecessary  burthens;  to  keep  in  all  things  within  the  pale  of  our  consti- 
tutional powers,  and  cherish  the  federal  union  as  the  only  rock  of  safety — 
these,  -fellow-citizens,  are  the  landmarks  by  which  we  are  to  guide  our- 
selves in  all  our  proceedings.  By  continuing  to  make  these  the  rule  of 
our  action  we  shall  endear  to  our  countrymen  the  true  principles  of  their 
Constitution  and  promote  an  union  of  sentiment  and  of  action  equally 
auspicious  to  their  happiness  and  safety.  On  my  part,  you  may  count  on 
a  cordial  concurrence  in  every  measure  for  the  public  good  and  on  all 
the  information  I  possess  which  may  enable  you  to  discharge  to  advan- 
tage the  high  functions  with  which  3'ou  are  invested  by  your  country, 

TH:  JEFFERSON. 


SPBCIAIv  MESSAGES. 

Dp:cember  22,  1802. 
Gentlemen  of  the  House  of  Representatives: 

I  now  transmit  a  report  from  the  Secretary  of  State  with  the  niforma- 
tion  requested  in  your  resolution  of  the  17th  instant. 

In  making  this  communication  I  deem  it  proper  to  observe  that  I  was 
led  by  the  regard  due  to  the  rights  and  interests  of  the  United  States  and 
to  the  just  .sensibility  of  the  portion  of  our  fellow-citizens  more  imme- 
diately affected  by  the  irregular  proceeding  at  New  Orleans  to  lose  not 
a  moment  in  causing  every  step  to  be  taken  which  the  occasion  claimed 
from  me,  being  equally  aware  of  the  obligation  to  maintain  in  all  cases 
the  rights  of  the  nation  and  to  employ  for  that  purpose  those  just  and 
honorable  means  which  belong  to  the  character  of  the  United  States. 

TH:  JEFFERSON. 


Thomas  Jefferson  347 

December  23,  1802. 
Gentlemen  of  the  House  of  Representatives. 

In  pursuance  of  the  resolution  of  the  House  of  Representatives  of  the 
3d  of  May  last,  desiring  a  statement  of  expenditures  from  January  i ,  1 797, 
by  the  Quartermaster- General  and  the  navy  agents,  for  the  contingen- 
cies of  the  naval  and  military  establishments  and  the  navy  contracts  for 
timber  and  .stores,  I  now  transmit  such  statements  from  the  offices  of  the 
Secretaries  of  the  Treasury,  War,  and  Navy,  where  alone  these  expend- 
itures are  entered. 

TH:  JEFFERSON. 

December  27,  1802. 
Gentlemen  of  the  Senate: 

I  lay  before  you  a  treaty,  which  has  been  agreed  to  by  commissioners 
duly  authorized  on  the  part  of  the  United  States  and  the  Creek  Nation 
of  Indians,  for  the  extinguishment  of  the  native  title  to  lands  io  the 
Talassee  County,  and  others  between  the  forks  of  Oconee  and  Oakmulgee 
rivers,  in  Georgia,  in  pursuance  of  the  convention  with  that  State, 
together  with  the  documents  explanatory  thereof;  and  it  is  submitted  to 
your  determination  whether  you  will  advise  and  consent  to  the  ratifica- 
tion thereof. 

TH:  JEFFERSON. 

December  27,  1802. 
Gentlemen  of  the  Senate: 

I  la}'^  before  you  a  treaty,  which  has  been  concluded  between  the  State 
of  New  York  and  the  Oneida  Indians,  for  the  purchase  of  lands  within 
that  State. 

One  other,  between  the  same  State  and  the  Seneca  Indians,  for  the 
purchase  of  other  lands  within  the  same  State. 

One  other,  between  certain  individuals  styled  the  Holland  Company 
with  the  Senecas,  for  the  exchange  of  certain  lands  in  the  .same  State. 

And  one  other,  between  Oliver  Phelps,  a  citizen  of  the  United  States, 
and  the  Senecas,  for  the  exchange  of  lands  in  the  same  State;  with  sundry 
explanatory  papers,  all  of  them  conducted  under  the  superintendence  of 
a  commissioner  on  the  part  of  the  United  States,  who  rejx^rts  that  they 
have  been  adjusted  with  the  fair  and  free  consent  and  understanding  of 
the  parties.  It  is  therefore  submitted  to  your  determination  whether  you 
will  advise  and  consent  to  their  respective  ratifications. 

TH:  JEFFERSON. 

December  27,  1802. 
Gentlemen  of  the  Senate  and  of  the  House  of  Representatives: 

In  my  message  of  the  15th  instant  I  mentioned  that  plans  and  esti- 
mates of  a  dry  dock  for  the  preservation  of  our  ships  of  war,  prepared  by 


348  Messages  and  Papers  of  the  Presidents 

a  person  of  skill  and  experience,  should  be  laid  before  you  without  delay. 
These  are  now  transmitted,  the  report  and  estimates  by  duplicates;  but 
the  plans  being  single  only,  I  must  request  an  intercommunication  of 
them  Ijetween  the  Houses  and  their  return  when  they  shall  no  longer  be 
wanting  for  their  consideration. 

TH:  JEFFERSON. 


December  30,  1802. 
Gentlemen  of  the  House  of  Representatives: 

In  addition  to  the  information  accompanying  my  message  of  the  22d 

instant,  I  now  transmit  the  copy  of  a  letter  on  the  same  subject,  recently 

received. 

TH:  JEFFERSON. 

Washington,  December  jo,  1802. 
The  Speaker  op  the  House  op  Representatives. 

Sir:  Although  an  informal  communication  to  the  public  of  the  sub- 
stance of  the  inclosed  letter  may  be  proper  for  quieting  the  public  mind, 
yet  I  refer  to  the  consideration  of  the  House  of  Representatives  whether 
the  publication  of  it  in  form  might  not  give  di.ssatisfaction  to  the  writer 
and  tend  to  discourage  the  freedom  and  confidence  of  communications 
between  the  agents  of  the  two  Governments.  Accept  assurances  of  my 
high  consideration  and  respect. 

TH:  JEFFERSON. 

Natchez,  November  2^,  1S02. 
The  Honorable  the  Secretary  of  State, 

Washing  to7i. 
Sir:  I  have  the  honor  to  inclose  you  an  original  copy  of  a  communication  (together 
with  a  translation  thereof)  which  I  this  morning  received  from  the  governor-general 
of  the  Province  of  Louisiana  in  answer  to  my  letters  of  the  28th  ultimo. 
I  am,  sir,  with  respect  and  esteem,  your  humble  servant, 

WILLIAM  C.  C.  CLAIBORNE. 

[Translation.] 

New  Orleans,  November  /j,  1802. 
His  Excellency  William  C.  C.  Claiborne. 

Most  I^xcellent  Sir:  I  received  a  few  da}^s  past  your  excellency's  esteemed 
letter  of  the  28th  ultimo,  in  which  your  excellency,  referring  to  the  twenty-second 
article  of  the  treaty  of  friendship,  navigation,  and  limits  agreed  upon  between  the 
King,  my  master,  and  the  United  States  of  America,  has  been  pleased  to  inquire, 
after  transcribing  the  literal  text  of  said  article  (which  you  find  so  explicit  as  not  to 
require  any  comment  nor  to  admit  of  dubious  construction),  if  His  Majesty  has  been 
pleased  to  designate  any  other  position  on  the  banks  of  the  Mississippi,  and  where 
that  is,  if  his  royal  pleasure  does  not  continue  the  permission  stipulated  by  the  .said 
treaty  which  entitled  the  citizens  of  the  United  States  to  deposit  their  merchandise 
and  effects  in  the  port  of  New  Orleans;  and  you  request  at  the  same  time  that,  as  the 


Thomas  Jefferson  349 

affair  is  so  interesting  to  the  commerce  of  the  United  States  and  to  the  welfare  of  its 
citizens,  I  may  do  you  the  favor  to  send  you  an  answer  as  early  as  possible.  I  can 
now  assure  your  excellency  that  His  Catholic  Majesty  has  not  hitherto  issued  any 
order  for  suspending  the  deposit,  and  consequently  has  not  designated  any  other 
position  on  the  banks  of  the  Mississippi  for  that  purpose.  But  I  must  inform  you, 
in  answer  to  your  inquiry,  that  the  intendant  of  these  provinces  (who  in  the  affairs 
of  his  own  department  is  independent  of  the  general  Government),  at  the  same  time 
that,  in  conformity  with  the  royal  commands  (the  peace  in  Europe  having  been 
published  since  the  4tli  of  May  last),  he  suspended  the  commerce  of  neutrals,  also 
thought  proper  to  suspend  the  tacit  prolongation  which  continued,  and  to  put  a  stop 
to  the  infinite  abuses  which  resulted  from  the  deposit,  contrary  to  the  interest  of  the 
State  and  of  the  commerce  of  these  colonies,  in  consequence  of  the  experience  he 
acquired  of  the  frauds  which  have  been  committed  and  which  it  has  been  endeavored 
to  excuse  under  the  pretext  of  ignorance,  as  is  manifested  by  the  number  of  causes 
which  now  await  the  determination  of  His  Majesty,  as  soon  as  they  can  be  brought 
to  his  royal  knowledge,  besides  many  others  which  have  been  dropt  because  the 
individuals  have  absconded  who  introduced  their  properties  into  tlie  deposit  and  did 
not  extract  them,  thus  defrauding  the  royal  interests. 

It  might  appear  on  the  first  view  that  particular  cases  like  these  ought  not  to 
operate  against  a  general  privilege  granted  by  a  solemn  treaty,  and  it  is  an  incon- 
testable principle  that  the  happiness  of  nations  consists  in  a  great  mea,sure  in  main- 
taining a  good  harmony  and  correspondence  with  their  neighbors  by  respecting 
their  rights,  by  supporting  their  own,  without  being  deficient  in  what  is  required  by 
humanity  and  civil  intercourse;  but  it  is  also  indubitable  that  for  a  treaty,  although 
solemn,  to  be  entirely  valid  it  ought  not  to  contain  any  defect;  and  if  it  be  perni- 
cious and  of  an  injurious  tendency,  although  it  has  been  effectuated  with  good  faith 
but  without  a  knowledge  of  its  bad  consequence,  it  will  be  necessary  to  undo  it, 
because  treaties  ought  to  be  viewed  like  other  acts  of  public  will,  in  which  more 
attention  ought  to  be  paid  to  the  intention  than  to  the  words  in  which  they  are 
expressed;  and  thus  it  will  not  appear  so  repugnant  that  the  term  of  three  years 
fixed  by  the  twenty-.second  article  being  completed  without  the  King's  having 
granted  a  prolongation,  the  intendancy  should  not,  after  putting  a  stop  to  the 
commerce  of  neutrals,  take  upon  itself  the  responsibility  of  continuing  that  favor 
without  the  express  mandate  of  the  King,  a  circumstance  equally  indispensable  for 
designating  another  place  on  the  banks  of  the  Mississippi. 

From  the  foregoing  I  trust  that  you  will  infer  that  as  it  is  the  duty  of  the  intendant, 
who  conducts  the  business  of  his  ministry  with  a  perfect  independence  of  the  Gov- 
ernment, to  have  informed  the  King  of  what  he  has  done  in  fulfillment  of  what  has 
been  expressly  stipulated,  it  is  to  be  hoped  that  His  Majesty  will  take  the  measures 
which  are  convenient  to  give  effect  to  the  deposit,  either  in  this  capital,  if  he  should 
not  find  it  prejudicial  to  the  interests  of  Spain,  or  in  the  place  on  the  banks  of  the 
Mississippi  which  it  may  be  his  royal  plea.sure  to  designate;  as  it  ought  to  be  con- 
fided that  the  justice  and  generosity  of  the  King  vnll  not  refuse  to  afford  to  the 
American  citizens  all  the  advantages  they  can  desire,  a  measiu-e  which  does  not 
depend  upon  discretion,  nor  can  an  individual  chief  take  it  upon  himself.  Besides 
these  principles  on  which  the  regulation  of  the  intemiant  is  founded,  I  ought  at  the 
same  time  to  inform  you  that  I  myself  opposed  on  my  part,  as  far  as  I  reasonably 
could,  the  measure  of  suspending  the  deposit,  until  the  reasons  adduced  by  the 
intendant  brought  it  to  my  view;  that  as  all  events  can  not  be  prevented,  and  as 
with  time  and  different  circumstances  various  others  occur  which  can  not  be  foreseen, 
a  just  and  rational  interpretation  is  always  necessary.  Notwith-standing  the  fore- 
going, the  result  of  my  own  reflections,  I  immediately  consulted  on  the  occasion 
with  ni)- captain-general,  whose  answer,  which  can  not  be  long  delayed,  will  dissipate 
every  doubt  that  may  be  raised  concerning  the  steps  which  are  to  be  taken.     By  all 


350  Messages  and  Papers  of  the  Presidents 

means  your  excellency  may  live  in  the  finn  persuasion  that  as  there  has  subsisted, 
and  does  subsist,  the  most  perfect  and  constant  good  harmony  between  thp  King, 
my  master,  and  the  United  States  of  America,  I  will  spare  no  pains  to  preserve  it 
by  all  the  means  in  my  power,  being  assured  of  a  reciprocity  of  equal  good  offices  in 
observing  the  treaty  with  good  faith,  ever  keeping  it  in  view  that  the  felicity  and 
glory  of  nations  are  deeply  concerned  in  the  advantages  of  a  wise  and  prudently 
conducted  commerce. 

I  have  the  honor  to  assure  your  excellency  of  the  respect  and  high  consideration 
which  I  profess  for  you;  and  I  pray  the  Most  High  to  preserve  your  life  many  years. 

I  kiss  your  excellency's  hands. 

Your  most  affectionate  servant, 

MANUEIv  DE  SAIvCEDO. 


January  5,  1803. 
Gentlemen  of  the  House  of  Representatives: 

Agreeably  to  the  request  of  the  House  of  Representatives,  I  now  trans- 
mit a  statement  of  the  mihtia  of  those  States  from  which  anj-  returns 
have  been  made  to  the  War  Office.  They  are,  as  you  will  perceive,  but 
a  small  proportion  of  the  whole.  I  send  you  also  the  copy  of  a  circular 
letter  written  some  time  since  for  the  purpose  of  obtaining  returns  from 
all  the  States.  Should  any  others  in  consequence  of  this  be  made  during 
the  session  of  Congress,  they  shall  be  immediately  communicated. 

TH:  JEFFERSON. 

January  7,  1803. 
Gentlemen  of  the  Sejiate: 

I  submit  for  your  approbation  and  consent  a  convention  entered  into 
with  the  Choctaw  Nation  of  Indians  for  ascertaining  and  marking  the 
limits  of  the  territory  ceded  to  our  nation  while  under  its  former  govern- 
ment, and  lying  between  the  Tombigbee  and  Mobile  rivers  on  the  east 
and  the  Chickasawhay  River  on  the  west. 

We  are  now  engaged  in  ascertaining  and  marking  in  like  manner  the 
limits  of  the  former  cessions  of  the  Choctaws  from  the  river  Yazoo  to  our 
southern  lx)undary,  which  will  ho.  the  subject  of  another  convention,  and 
we  expect  to  obtain  from  the  same  nation  a  new  cession  of  lands  of  con- 
siderable extent  between  the  Tombigbee  and  Alabama  rivers. 

These  several  tracts  of  country  will  compose  that  portion  of  the  Mis- 
sissippi Territory  which,  so  soon  as  certain  individual  claims  are  arranged, 
the  United  States  will  be  free  to  sell  and  settle  immediately. 

TH: JEFFERSON 

January  ii,  1803. 
Gentlemen  of  the  Senate: 

The  cession  of  the  Spanish  Province  of  l/ouisiana  to  France,  and  per- 
haps of  the  Floridas,  and  the  late  suspension  of  our  right  of  deposit  at 
New  Orleans  are  events  of  primary  interest  to  the  United  States.     On 


Thomas  Jefferson  351 

both  occasions  such  measures  were  promptly  taken  as  were  thought  most 
hkely  amicably  to  remove  the  present  and  to  prev^ent  future  causes  of 
inquietude.  The  objects  of  these  measures  were  to  obtain  the  territory 
on  the  left  bank  of  the  Mississippi  and  eastward  of  that,  if  practicable,  on 
conditions  to  which  the  proper  authorities  of  our  country  would  agree,  or 
at  lea.st  to  prevent  any  changes  which  might  lessen  the  secure  exercise 
of  our  rights.  While  my  confidence  in  our  minister  plenipotentiary  at 
Paris  is  entire  and  undiminished,  I  still  think  that  these  objects  might  be 
promoted  by  joining  with  him  a  person  sent  from  hence  directly,  carrying 
with  him  the  feelings  and  sentiments  of  the  nation  excited  on  the  late 
occurrence,  impressed  by  full  comnumications  of  all  the  views  we  enter- 
tain on  this  interesting  subject,  and  thus  prepared  to  meet  and  to  improve 
to  an  useful  result  the  counter  propositions  of  the  other  contracting  party, 
whatsoever  form  their  interests  may  give  to  them,  and  to  secure  to  us  the 
ultimate  accomplishment  of  our  object. 

I  therefore  nominate  Robert  R.  Livingston  to  be  minister  plenipoten.- 
tiarj^  and  James  Monroe  to  be  minister  extraordinary  and  plenipotentiary, 
with  full  powers  to  both  jointly,  or  to  either  on  the  death  of  the  other, 
to  enter  into  a  treaty  or  convention  with  the  First  Consul  of  France  for 
the  purpose  of  enlarging  and  more  effectually  securing  our  rights  and 
interests  in  the  river  Mississippi  and  in  the  Territories  eastward  thereof. 

But  as  the  possession  of  these  provinces  is  still  in  Spain,  and  the  course 
of  events  may  retard  or  prevent  the  cession  to  France  being  carried  into 
effect,  to  secure  our  object  it  will  be  expedient  to  address  equal  powers 
to  the  Government  of  Spain  also,  to  be  used  only  in  the  event  of  its 
being  necessary. 

I  therefore  nominate  Charles  Pinckney  to  be  minister  plenipotentiary, 
and  James  Monroe,  of  Virginia,  to  be  minister  extraordinary  and  plenipo- 
tentiar>',  with  full  powers  to  both  jointly,  or  to  either  on  the  death  of 
the  other,  to  enter  into  a  treaty  or  convention  with  His  Catholic  Majesty 
for  the  purpose  of  enlarging  and  more  effectually  securing  our  rights  and 
interests  in  the  river  Mississippi  and  in  the  Territories  eastward  thereof. 

TH:  JEFFERSON. 


jANtTARY    II,    1803. 

Gentlemen  of  the  Senate: 

The  spoliations  and  irregularities  committed  on  our  commerce  during 
the  late  war  by  subjects  of  Spain  or  by  others  deemed  within  her  respon- 
sibility having  called  for  attention,  instructions  were  accordingly  given 
to  our  minister  at  Madrid  to  urge  our  right  to  just  indemnifications,  and 
to  propose  a  convention  for  adjusting  them.  The  Spanish  Goveniment 
listened  to  our  proposition  with  an  honorable  readiness  and  agreed  to  a 
convention,  which  I  now  submit  for  your  advice  and  consent.  It  does 
not  go  to  the  satisfaction  of  all  our  claims,  but  the  express  reser\'ation  of 


352  Messages  and  Papers  of  the  Presidents 

our  right  to  press  the  vahdity  of  the  residue  has  been  made  the  ground 
of  further  instructions  to  our  minister  on  the  subject  of  an  additional 
article,  which  it  is  to  be  hoped  will  not  be  without  effect. 

.  TH:  JEFFERSON. 


January  i8,  1803. 
Gentlemen  of  the  Senate  and  of  the  House  of  Representatives: 

As  the  continuance  of  the  act  for  establishing  trading  houses  with  the 
Indian  tribes  will  te  under  the  consideration  of  the  Legislature  at  its 
present  session,  I  think  it  my  duty  to  communicate  the  views  which  have 
guided  me  in  the  execution  of  that  act,  in  order  that  you  may  decide  on 
the  policy  of  continuing  it  in  the  present  or  any  other  form,  or  discon- 
tinue it  altogether  if  that  shall,  on  the  whole,  seem  most  for  the  public 
good. 

The  Indian  tribes  residing  within  the  limits  of  the  United  States  have 
for  a  considerable  time  been  growing  more  and  more  uneasy  at  the  con- 
stant diminution  of  the  territory  they  occupy,  although  effected  by  their 
own  voluntary  sales,  and  the  policy  has  long  been  gaining  strength  with 
them  of  refusing  absolutely  all  further  sale  on  any  conditions,  insomuch 
that  at  this  time  it  hazards  their  friendship  and  excites  dangerous  jeal- 
ousies and  perturbations  in  their  minds  to  make  any  overture  for  the 
purchase  of  the  smallest  portions  of  their  land.  A  very  few  tribes  only 
are  not  yet  obstinately  in  these  dispositions.  In  order  peaceably  to  coun- 
teract this  policy  of  theirs  and  to  provide  an  extension  of  territory  which 
the  rapid  increase  of  our  numbers  will  call  for,  two  measures  are  deemed 
expedient.  First.  To  encourage  them  to  abandon  hunting,  to  apply  to 
the  raivSing  stock,  to  agriculture,  and  domestic  manufacture,  and  thereby 
prove  to  themselves  that  less  land  and  labor  will  maintain  them  in  this 
better  than  in  their  former  mode  of  living.  The  extensive  forests  neces- 
sary in  the  hunting  Hfe  will  then  become  useless,  and  they  will  see  advan- 
tage in  exchanging  them  for  the  means  of  improving  their  farms  and  of 
increasing  their  domestic  comforts.  Secondly.  To  multiply  trading 
hou.ses  among  them,  and  place  within  their  reach  those  things  which  will 
contribute  more  to  their  domestic  comfort  than  the  possession  of  extensive 
but  uncultivated  wilds.  Experience  and  reflection  will  develop  to  them 
the  wisdom  of  exchanging  what  they  can  spare  and  we  want  for  what  we 
can  spare  and  they  want.  In  leading  them  thus  to  agriculture,  to  manu- 
factures, and  civilization;  in  bringing  together  their  and  our  sentiments, 
and  in  preparing  them  ultimately  to  participate  in  the  benefits  of  our 
Government,  I  trust  and  believe  we  are  acting  for  their  greatest  good. 
At  these  trading  houses  we  have  pursued  the  principles  of  the  act  of  Con- 
gress whicli  directs  that  the  commerce  shall  be  carried  on  liberally,  and 
requires  only  that  the  capital  stock  shall  not  be  diminished.  We  conse- 
quently undersell  private  traders,  foreign  and  domestic,  drive  them  from 


Thomas  Jefferson  353 

the  competition,  and  thus,  with  the  good  will  of  the  Indians,  rid  ourselves 
of  a  description  of  men  who  are  constantly  endeavoring  to  excite  in  the 
Indian  mind  suspicions,  fears,  and  irritations  toward  us.  A  letter  now 
inclosed  shows  the  effect  of  our  competition  on  the  operations  of  the 
traders,  while  the  Indians,  perceiving  the  advantage  of  purchasing  from 
us,  are  soliciting  generally  our  establishment  of  trading  houses  among 
them.  In  one  quarter  this  is  particularly  interesting.  The  Legislature, 
reflecting  on  the  late  occurrences  on  the  Mississippi,  must  be  sensible 
how  desirable  it  is  to  possess  a  respectable  breadth  of  country  on  that 
river,  from  our  southern  limit  to  the  Illinois,  at  least,  so  that  we  may  pre- 
sent as  firm  a  front  on  that  as  on  our  eastern  border.  We  possess  what 
is  below  the  Yazoo,  and  can  probably  acquire  a  certain  breadth  from  the 
IlUnois  and  Wabash  to  the  Ohio;  but  between  the  Ohio  and  Yazoo  the 
country  all  belongs  to  the  Chickasaws,  the  most  friendly  tribe  within  our 
Umits,  but  the  most  decided  against  the  alienation  of  lands.  The  portion 
of  their  country  most  important  for  us  is  exactly  that  which  they  do  not 
inhabit.  Their  settlements  are  not  on  the  Mississippi,  but  in  the  interior 
country.  They  have  lately  shown  a  desire  to  become  agricultural,  and 
this  leads  to  the  desire  of  buying  implements  and  comforts.  In  the 
strengthening  and  gratifying  of  these  wants  I  see  the  only  prospect  of 
planting  on  the  Mississippi  itself  the  means  of  its  own  safety.  Duty  has 
required  me  to  submit  these  views  to  the  judgment  of  the  Legislature, 
but  as  their  disclosure  might  embarrass  and  defeat  their  effect,  they  are 
committed  to  the  special  confidence  of  the  two  Houses. 

While  the  extension  of  the  public  commerce  among  the  Indian  tribes 
may  deprive  of  that  source  of  profit  such  of  our  citizens  as  are  engaged 
in  it,  it  might  be  worthy  the  attention  of  Congress  in  their  care  of  indi- 
vidual as  well  as  of  the  general  interest  to  point  in  another  direction 
the  enterprise  of  these  citizens,  as  profitably  for  themselves  and  more 
usefully  for  the  public.  The  river  Missouri  and  the  Indians  inhabiting 
it  are  not  as  well  known  as  is  rendered  desirable  by  their  connection 
with  the  Mississippi,  and  consequently  with  us.  It  is,  however,  under- 
stood that  the  country  on  that  river  is  inhabited  by  numerous  tribes, 
who  furnish  great  supplies  of  furs  and  peltry  to  the  trade  of  another 
nation,  carried  on  in  a  high  latitude  through  an  infinite  number  of  port- 
ages and  lakes  shut  up  by  ice  through  a  long  season.  The  commerce  on 
that  line  could  bear  no  competition  with  that  of  the  Missoiui,  traversing 
a  moderate  climate,  offering,  according  to  the  best  accounts,  a  continued 
navigation  from  its  source,  and  possibly  with  a  single  portage  from  the 
Western  Ocean,  and  finding  to  the  Atlantic  a  choice  of  channels  through 
the  Illinois  or  Wabash,  the  Lakes  and  Hudson,  through  the  Ohio  and  Sus- 
quehanna, or  Potomac  or  James  rivers,  and  through  the  Tennessee  and 
Savannah  rivers.  An  intelligent  ofl&cer,  with  ten  or  twelve  chosen  men, 
fit  for  the  enterprise  and  willing  to  undertake  it,  taken  from  our  posts 
where  they  may  be  spared  without  inconvenience,  might  explore  the 
M  P — vol,  1—23 


354  Messages  and  Papers  of  the  Presidents 

whole  line,  even  to  the  Western  Ocean,  have  conferences  with  the  natives 
on  the  subject  of  commercial  intercourse,  get  admission  among  them  for 
our  traders  as  others  are  admitted,  agree  on  convenient  deposits  for 
an  interchange  of  articles,  and  return  with  the  information  acquired 
in  the  course  of  two  summers.  Their  arms  and  accoutennents,  some 
instnnnents  of  obser\'ation,  and  light  and  cheap  presents  for  the  Indians 
would  be  all  the  apparatus  they  could  carry,  and  with  an  expectation  of 
a  soldier's  portion  of  land  on  their  return  would  constitute  the  whole 
expense.  Their  pay  would  be  going  on  whether  here  or  there.  While 
other  civilized  nations  have  encountered  great  expense  to  enlarge  the 
boundaries  of  knowledge  by  undertaking  voyages  of  discovery,  and  for 
other  literar>^  purposes,  in  various  parts  and  directions,  our  nation  seems 
to  owe  to  the  same  object,  as  well  as  to  its  own  interests,  to  explore  this 
the  only  line  of  easy  communication  across  the  continent,  and  so  directly 
traversing  our  own  part  of  it.  The  interests  of  commerce  place  the  prin- 
cipal object  within  the  constitutional  powers  and  care  of  Congress,  and 
that  it  should  incidentally  advance  the  geographical  knowledge  of  our 
own  continent  can  not  but  be  an  additional  gratification.  The  nation 
claiming  the  territory,  regarding  this  as  a  literary  pursuit,  which  it  is  in 
the  habit  of  permitting  within  its  dominions,  would  not  be  disposed  to 
view  it  with  jealousy,  even  if  the  expiring  state  of  its  interests  there  did 
not  render  it  a  matter  of  indifference.  The  appropriation  of  $2,500  "  for 
the  purpose  of  extending  the  external  commerce  of  the  United  States, ' ' 
while  understood  and  considered  by  the  Executive  as  giving  the  legis- 
lative sanction,  would  cover  the  undertaking  from  notice  and  prevent  the 
obstructions  which  interested  individuals  might  otherwise  previously 
prepare  in  its  way. 

TH:  JEFFERSON. 


January  18,  1803. 
Gentlemen  of  the  Senate  and  of  the  House  of  Representatives: 

I  inclose  a  report  of  the  Secretary  of  War,  stating  the  trading  houses 
established  in  the  Indian  territories,  the  progress  which  has  been  made 
in  the  course  of  the  last  year  in  settling  and  marking  boundaries  wth  the 
different  tribes,  the  purchases  of  lands  recently  made  from  them,  and  the 
prospect  of  further  progress  in  marking  boundaries  and  in  new  extin- 
gui.shments  of  title  in  the  year  to  come,  for  which  some  appropriations 
of  money  will  be  wanting. 

To  this  I  have  to  add  that  when  the  Indians  ceded  to  us  the  salt  springs 
on  the  Wabash  they  expressed  a  hope  that  we  would  so  employ  them  as 
to  enable  them  to  procure  there  the  necessary  supplies  of  salt.  Indeed, 
it  would  be  the  most  proper  and  acceptable  form  in  which  the  annuity 
could  be  paid  which  we  propose  to  give  them  for  the  cession.  These 
springs  might  at  the  same  time  be  rendered  eminently  serviceable  to  our 


Thomas  Jefferson  355 

Western  inhabitants  by  using  them  as  the  means  of  counteracting  the 
monopolies  of  suppHes  of  salt  and  of  reducing  the  price  in  that  country 
to  a  just  level.  For  these  purposes  a  small  appropriation  would  l)e  neces- 
sary to  meet  the  first  expenses,  after  which  they  should  support  them- 
selves and  repay  thOvSe  advances.  These  springs  are  said  to  possess  the 
advantage  of  being  accompanied  with  a  bed  of  coal. 

TH:  JEFFERSON. 


January  19,  1803. 
Gentlemen  of  the  Se?iate  and  of  the  House  of  Representatives: 

I  now, lay  before  Congress  the  annual  account  of  the  fund  established 
for  defraying  the  contingent  charges  of  Government.  A  single  article  of 
$1,440,  paid  for  bringing  home  72  seamen  discharged  in  foreign  ports 
from  vessels  sold  abroad,  is  the  only  expenditure  from  that  fund,  leaving 
an  unexpended  balance  of  $18,560  in  the  Treasury. 

TH:  JEFFERSON. 


January  24,  1803. 
Gentlemen  of  the  Senate  and  of  the  House  of  Representatives: 

I  transmit  a  report  by  the  superintendent  of  the  city  of  Washington 
on  the  affairs  of  the  city  committed  to  his  care.  By  this  you  will  per- 
ceive that  the  resales  of  lots  prescribed  by  an  act  of  the  last  session  of 
Congress  did  not  produce  a  sufficiency  to  pay  the  debt  to  Maryland  to 
which  they  are  appropriated,  and  as  it  was  evident  that  the  sums  neces- 
sary for  the  interest  and  installments  due  to  that  State  could  not  be 
produced  by  a  sale  of  the  other  public  lots  without  an  unwarrantable 
sacrifice  of  the  property,  the  deficiencies  were  of  necessity  drawn  from 
the  Treasury  of  the  United  States. 

The  ofiice  of  the  surveyor  for  the  city,  created  during  the  former  estab- 
lishment, being  of  indispensable  necessity,  it  has  been  continued,  and  to 
that  of  the  superintendent,  substituted  instead  of  the  board  of  commis- 
sioners at  the  last  session  of  Congress,  no  salary  was  annexed  by  law. 
These  offices  being  permanent,  I  have  supposed  it  more  agreeable  to 
principle  that  their  salaries  should  be  fixed  by  the  lyCgislature,  and  there- 
fore have  assigned  them  none.  Their  services  to  be  compensated  are 
from  the  ist  day  of  June  last. 

The  marshal  of  the  District  of  Columbia  has,  as  directed  by  law,  caused 
a  jail  to  be  built  in  the  city  of  Washington.  I  inclose  his  statements  of 
the  expenses  already  incurred  and  of  what  remains  to  be  finished.  The 
portion  actually  completed  has  rendered  the  situation  of  the  persons  con- 
fined much  more  comfortable  and  secure  than  it  has  been  heretofore. 

TH:  JEFFERSON. 


356  Messages  and  Papers  of  the  Presidents 

February  3,  1803. 
Gentlemen  of  the  House  of  Representatives: 

The  inclosed  letter  and  affidavits  exhibiting  matter  of  complaint  against 
John  Pickering,  district  judge  of  New  Hampshire,  which  is  not  within 
Executive  cognizance,  I  transmit  them  to  the  House  of  Representatives, 
to  whom  the  Constitution  has  confided  a  power  of  instituting  proceedings 
of  redress,  if  they  shall  be  of  opinion  that  the  case  calls  for  them. 

TH:  JEFFERSON. 

February  14,  1803. 
GentlcmcJi  of  the  Senate  and  of  the  House  of  Representatives: 

In  obedience  to  the  ordinance  for  the  government  of  the  Territories  of 
the  United  States  requiring  that  the  laws  adopted  by  the  governor  and 
judges  thereof  shall  be  reported  to  Congress  from  time  to  time,  I  now 
transmit  those  which  have  been  adopted  in  the  Indiana  Territory  from 
January,  1801,  to  February,  1802,  as  forwarded  to  the  office  of  the  Secre- 
tary of  State. 

TH:  JEFFERSON. 


February  21,  1803. 
Gentle?nen  of  the  Senate: 

The  Tuscarora  Indians,  having  an  interest  in  some  lands  within  the 
State  of  North  Carolina,  asked  the  superintendence  of  the  Government 
of  the  United  States  over  a  treaty  to  be  held  between  them  and  the  State 
of  North  Carolina  respecting  these  lands.  Wilham  Richardson  Davie 
was  appointed  a  commissioner  for  this  purpose,  and  a  treaty  was  con- 
cluded under  his  superintendence.  This,  with  his  letter  on  the  subject, 
is  now  laid  before  the  Senate  for  their  advice  and  consent  whether  it 
shall  be  ratified. 

TH:  JEFFERSON. 


February  23,  1803. 
Getitlemen  of  the  Seriate  and  House  of  Representatives: 

I  lay  before  you  a  report  of  the  Secretary  of  State  on  the  case  of  the 
Danish  brigantine  Henrick,  taken  by  a  French  privateer  in  1799,  retaken 
by  an  armed  vessel  of  the  United  States,  carried  into  a  British  island, 
and  there  adjudged  to  be  neutral,  but  under  allowance  of  such  salvage 
and  costs  as  absorbed  nearly  the  whole  amount  of  sales  of  the  vessel  and 
cargo.  Indemnification  for  these  losses  occasioned  by  our  officers  is  now 
claimed  by  the  sufferers,  supported  by  the  representations  of  their  Gov- 
ernment. I  have  no  doubt  the  Legislature  will  give  to  the  subject  that 
just  attention  and  consideration  which  it  is  useful  as  well  as  honorable 


Thomas  Jefferson  357 

to  practice  in  our  transactions  with  other  nations,  and  particularly  with 
one  which  has  observed  toward  us  the  most  friendly  treatment  and 
regard. 

TH:  JEFFERSON. 


PROCLAMATION. 

[From  the  National  Intelligencer,  July  i8,  1803.] 

By  the  President  op  the  United  States  of  America, 
a  proclamation. 

Whereas  great  and  weighty  matters  claiming  the  consideration  of  the 
Congress  of  the  United  States  form  an  extraordinary  occasion  for  con- 
vening them,  I  do  by  these  presents  appoint  Monday,  the  17th  day  of 
October  next,  for  their  meeting  at  the  city  of  Washington,  hereby 
requiring  their  respective  Senators  and  Representatives  then  and  there 
to  assemble  in  Congress,  in  order  to  receive  such  communications  as  may 
then  be  made  to  them  and  to  consult  and  determine  on  such  measures 
as  in  their  wisdom  may  be  deemed  meet  for  the  welfare  of  the  United 
States. 

In  testimony  whereof  I  have  caused  the  seal  of  the  United  States  to 
be  hereunto  affixed,  and  signed  the  same  with  my  hand. 
[seal.]         Done  at  the  city  of  Washington,  the  i6th  day  of  July,  A.  D. 
1803,  and  in  the  twenty-eighth  year  of  the  Independence  of 
the  United  States 

TH:  JEFFERSON. 
By  the  President: 

James  Madison, 

Secretary. 


THIRD  ANNUAL  MESSAGE. 

October  17,  1803. 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

In  calling  you  together,  fellow-citizens,  at  an  earlier  day  than  was 
contemplated  by  the  act  of  the  last  session  of  Congress,  I  have  not  been 
insensible  to  the  personal  inconveniences  necessarily  resulting  from  an 
unexpected  change  in  your  arrangements.  But  matters  of  great  public 
concernment  have  rendered  this  call  necessary,  and  the  interests  you  feel 
in  these  will  supersede  in  your  minds  all  private  considerations. 


358  Messages  and  Papers  of  the  Presidents 

Congress  wdtnessed  at  their  late  session  the  extraordinary  agitation 
produced  in  the  pubhc  mind  by  the  suspension  of  our  right  of  deposit  at 
the  port  of  New  Orleans,  no  assignment  of  another  place  having  been 
made  according  to  treaty.  They  were  sensible  that  the  continuance  of 
that  privation  would  be  more  injurious  to  our  nation  than  any  conse- 
quences which  could  flow  from  any  mode  of  redress,  but  reposing  just 
confidence  in  the  good  faith  of  the  Government  whose  officer  had  com- 
mitted the  wrong,  friendly  and  reasonable  representations  were  resorted 
to,  and  the  right  of  deposit  was  restored. 

Previous,  however,  to  this  period  we  had  not  been  unaware  of  the  dan- 
ger to  which  our  peace  would  be  perpetually  exposed  whilst  so  important 
a  key  to  the  commerce  of  the  Western  country  remained  under  foreign 
power.  Difficulties,  too,  were  presenting  themselves  as  to  the  naviga- 
tion of  other  streams  which,  arising  within  our  territories,  pass  through 
those  adjacent.  Propositions  had  therefore  been  authorized  for  obtain- 
ing on  fair  conditions  the  sovereignty  of  New  Orleans  and  of  other  pos- 
sessions in  that  quarter  interesting  to  our  quiet  to  such  extent  as  was 
deemed  practicable,  and  the  provisional  appropriation  of  $2,000,000  to 
be  applied  and  accounted  for  by  the  President  of  the  United  States, 
intended  as  part  of  the  price,  was  considered  as  conveying  the  sanction 
of  Congress  to  the  acquisition  proposed.  The  enlightened  Government 
of  France  saw  with  just  discernment  the  importance  to  both  nations  of 
such  liberal  arrangements  as  might  best  and  permanently  promote  the 
peace,  friendship,  and  interests  of  both,  and  the  property  and  sovereignty 
of  all  Louisiana  which  had  been  restored  to  them  have  on  certain  con- 
ditions been  transferred  to  the  United  States  by  instruments  bearing 
date  the  30th  of  April  last.  When  these  shall  have  received  the  consti- 
tutional sanction  of  the  Senate,  they  will  without  delay  be  communicated 
to  the  Representatives  also  for  the  exercise  of  their  functions  as  to  those 
conditions  which  are  within  the  powers  vested  by  the  Constitution  in 
Congress. 

Whilst  the  property  and  sovereignty  of  the  Mississippi  and  its  waters 
secure  an  independent  outlet  for  the  produce  of  the  Western  States  and 
an  uncontrolled  navigation  through  their  whole  course,  free  from  collision 
with  other  powers  and  the  dangers  to  our  peace  from  that  source,  the 
fertility  of  the  country,  its  climate  and  extent,  promise  in  due  season 
important  aids  to  our  Treasury,  an  ample  provision  for  our  posterity,  and 
a  wide  spread  for  the  blessings  of  freedom  and  equal  laws. 

With  the  wisdom  of  Congress  it  will  rest  to  take  those  ulterior  meas- 
ures which  may  be  necessary  for  the  immediate  occupation  and  temporary 
government  of  the  country;  for  its  incorporation  into  our  Union;  for 
rendering  the  change  of  government  a  blessing  to  our  newly  adopted 
brethren;  for  securing  to  them  the  rights  of  conscience  and  of  property; 
for  confirming  to  the  Indian  inhabitants  their  occupancy  and  self-govern- 
ment, establishing  friendly  and  commercial  relations  with  them,  and  for 


Thomas  Jefferson  359 

ascertaining  the  geography  of  the  country  acquired.  Such  materials,  for 
your  information,  relative  to  its  affairs  in  general  as  the  short  space  of 
time  has  permitted  me  to  collect  will  be  laid  before  you  when  the  subject 
shall  be  in  a  state  for  your  consideration. 

Another  important  acquisition  of  territory  has  also  been  made  since  the 
last  session  of  Congress.  The  friendly  tribe  of  Kaskaskia  Indians,  with 
which  we  have  never  had  a  difference,  reduced  by  the  wars  and  wants 
of  savage  life  to  a  few  individuals  unable  to  defend  themselves  against 
the  neighboring  tribes,  has  transferred  its  country  to  the  United  States, 
reserving  only  for  its  members  what  is  sufficient  to  maintain  them  in  an 
agricultural  way.  The  considerations  stipulated  are  that  we  shall  extend 
to  them  our  patronage  and  protection  and  give  them  certain  annual  aids 
in  money,  in  implements  of  agriculture,  and  other  articles  of  their  choice. 
This  country,  among  the  most  fertile  within  our  limits,  extending  along 
the  Mississippi  from  the  mouth  of  the  Illinois  to  and  up  the  Ohio,  though 
not  so  necessary  as  a  barrier  since  the  acquisition  of  the  other  bank,  may 
yet  be  well  worthy  of  being  laid  open  to  immediate  settlement,  as  its 
inhabitants  may  descend  with  rapidity  in  support  of  the  lower  country 
should  future  circumstances  expose  that  to  foreign  enterprise.  As  the 
stipulations  in  this  treaty  also  involve  matters  within  the  competence  of 
both  Houses  only,  it  will  be  laid  before  Congress  as  soon  as  the  Senate 
shall  have  advised  its  ratification. 

With  many  of  the  other  Indian  tribes  improvements  in  agriculture  and 
household  manufacture  are  advancing,  and  with  all  our  peace  and  friend- 
ship are  established  on  grounds  much  firmer  than  heretofore.  The  meas- 
ure adopted  of  establishing  trading  houses  among  them  and  of  furnishing 
them  necessaries  in  exchange  for  their  commodities  at  such  moderate 
prices  as  leave  no  gain,  but  cover  us  from  loss,  has  the  most  conciliatory 
and  useful  effect  on  them,  and  is  that  which  will  best  secure  their  peace 
and  good  will. 

The  small  vessels  authorized  by  Congress  with  a  view  to  the  Mediter- 
ranean service  have  been  sent  into  that  sea,  and  will  be  able  more  effec- 
tually to  confine  the  Tripoline  cruisers  within  their  harbors  and  supersede 
the  necessity  of  convoy  to  our  commerce  in  that  quarter.  They  will  sen- 
sibly lessen  the  expenses  of  that  service  the  ensuing  year. 

A  further  knowledge  of  the  ground  in  the  northeastern  and  north- 
western angles  of  the  United  States  has  evinced  that  the  boundaries 
established  by  the  treaty  of  Paris  between  the  British  territories  and  ours 
in  those  parts  were  too  imperfectly  described  to  be  susceptible  of  execu- 
tion. It  has  therefore  been  thought  worthy  of  attention  for  preser\ang 
and  cherishing  the  harmony  and  useful  intercom-se  subsisting  between 
the  two  nations  to  remove  by  timely  arrangements  what  unfavorable  inci- 
dents might  otherwise  render  a  ground  of  future  misunderstanding.  A 
convention  has  therefore  been  entered  into  which  provides  for  a  practi- 
cable demarcatiou  of  those  limits  to  the  satisfaction  of  both  parties. 


360  '  Messages  and  Papers  of  the  Presidents 

An  account  of  the  receipts  and  expenditures  of  the  year  ending  the 
30th  of  September  last,  with  the  estimates  for  the  servnce  of  the  ensuing 
year,  will  be  laid  before  you  by  the  Secretary  of  the  Treasury  so  soon  as 
the  receipts  of  the  last  quarter  shall  be  returned  from  the  more  distant 
States.  It  is  alread)-  ascertained  that  the  amount  paid  into  the  Treasury 
for  that  year  has  been  between  $11,000,000  and  $12,000,000,  and  that 
the  revenue  accrued  during  the  same  term  exceeds  the  sum  counted  on 
as  sufficient  for  our  current  expenses  and  to  extinguish  the  public  debt 
within  the  period  heretofore  proposed. 

The  amount  of  debt  paid  for  the  same  year  is  about  $3, 100,000,  exclu- 
sive of  interest,  and  making,  with  the  payment  of  the  preceding  year,  a 
discharge  of  more  than  $8,500,000  of  the  principal  of  that  debt,  besides 
the  accruing  interest;  and  there  remain  in  the  Treasury  nearly  $6,000,000. 
Of  these,  $880,000  have  been  reserved  for  payment  of  the  first  installment 
due  under  the  British  convention  of  January  8,  1802,  and  two  millions 
are  what  have  been  before  mentioned  as  placed  by  Congress  under  the 
power  and  accountability  of  the  President  toward  the  price  of  New  Or- 
leans and  other  territories  acquired,  which,  remaining  untouched,  are  still 
applicable  to  that  object  and  go  in  diminution  of  the  sum  to  be  funded 
for  it. 

Should  the  acquisition  of  Louisiana  be  constitutionally  confirmed  and 
carried  into  effect,  a  sum  of  nearly  $13,000,000  will  then  be  added  to  our 
public  debt,  most  of  which  is  payable  after  fifteen  years,  before  which 
terra  the  present  existing  debts  will  all  be  discharged  by  the  established 
operation  of  the  sinking  fund.  When  we  contemplate  the  ordinar>' 
annual  augmentation  of  impost  from  increasing  population  and  wealth, 
the  augmentation  of  the  same  revenue  by  its  extension  to  the  new  acqui- 
sition, and  the  economies  which  may  still  be  introduced  into  our  pub- 
lic expenditures,  I  can  not  but  hope  that  Congress  in  reviewing  their 
resources  will  find  means  to  meet  the  intermediate  interest  of  this  addi- 
tional debt  without  recurring  to  new  taxes,  and  applying  to  this  object 
only  the  ordinary  progression  of  our  revenue.  Its  extraordinar>'  increase 
in  times  of  foreign  war  will  be  the  proper  and  sufficient  fund  for  any 
measures  of  safety  or  precaution  which  that  state  of  things  may  render 
necessary  in  our  neutral  position. 

Remittances  for  the  installments  of  our  foreign  debt  having  been  found 
practicable  without  loss,  it  has  not  been  thought  expedient  to  use  the 
power  given  by  a  former  act  of  Congress  of  continuing  them  by  reloans, 
and  of  redeeming  instead  thereof  equal  sums  of  domestic  debt,  although 
no  difficulty  was  found  in  obtaining  that  accommodation. 

The  sum  of  $50,000  appropriated  by  Congress  for  providing  gunboats 
remains  unexpended.  The  favorable  and  peaceable  turn  of  affairs  on  the 
Mississippi  rendered  an  immediate  execution  of  that  law  unnecessary, 
and  time  was  desirable  in  order  that  the  institution  of  that  branch  of  our 
force  might  begin  on  models  the  most  approved  by  experience.      The 


Thomas  Jefferson  361 

same  issue  of  events  dispensed  with  a  resort  to  the  appropriation  of 
$1,500,000,  contemplated  for  purposes  which  were  effected  by  happier 
means. 

We  have  seen  with  sincere  concern  the  flames  of  war  lighted  up  again 
in  Europe,  and  nations  with  which  we  have  the  most  friendly  and  useful 
relations  engaged  in  mutual  destruction.  While  we  regret  the  miseries 
in  which  we  see  others  involved,  let  us  bow  with  gratitude  to  that  kind 
Providence  Avhich,  inspiring  with  wisdom  and  moderation  our  late  legi.s- 
lative  councils  while  placed  under  the  urgency  of  the  greatest  wrongs, 
guarded  us  from  hastily  entering  into  the  sanguinary  contest  and  left  us 
only  to  look  on  and  to  pity  its  ravages.  These  will  be  heaviest  on  those 
immediately  engaged.  Yet  the  nations  pursuing  peace  will  not  be  ex- 
empt from  all  evil.  In  the  course  of  this  conflict  let  it  be  our  endeavor, 
as  it  is  our  interest  and  desire,  to  cultivate  the  friendship  of  the  bellig- 
erent nations  by  every  act  of  justice  and  of  innocent  kindness;  to  receive 
their  armed  vessels  with  hospitality  from  the  distresses  of  the  sea,  but  to 
administer  the  means  of  annoyance  to  none;  to  establish  in  our  harbors 
such  a  police  as  may  maintain  law  and  order;  to  restrain  our  citizens 
from  embarking  individually  in  a  war  in  which  their  country  takes  no 
part;  to  punish  severely  those  persons,  citizen  or  alien,  who  shall  usurp 
the  cover  of  our  flag  for  vessels  not  entitled  to  it,  infecting  thereb)^  with 
suspicion  those  of  real  Americans  and  committing  us  into  controver- 
sies for  the  redress  of  wrongs  not  our  own;  to  exact  from  every  nation 
the  observance  toward  our  vessels  and  citizens  of  those  principles  and 
practices  which  all  civilized  people  acknowledge;  to  merit  the  character 
of  a  just  nation,  and  maintain  that  of  an  independent  one,  preferring 
every  consequence  to  insult  and  habitual  wrong.  Congress  will  consider 
whether  the  existing  laws  enable  us  efficaciously  to  maintain  this  course 
with  our  citizens  in  all  places  and  with  others  while  within  the  limits  of 
our  jurisdiction,  and  will  give  them  the  new  modifications  necessary  for 
these  objects.  Some  contraventions  of  right  have  already'  taken  place, 
both  within  our  jurisdictional  limits  and  on  the  high  seas.  The  friendly 
disposition  of  the  Governments  from  whose  agents  they  have  proceeded, 
as  well  as  their  wisdom  and  regard  for  justice,  leave  us  in  reasonable  expec- 
tation that  they  will  be  rectified  and  prevented  in  future,  and  that  no 
act  will  be  countenanced  by  them  which  threatens  to  disturb  our  friendly 
intercourse.  Separated  by  a  wide  ocean  from  the  nations  of  Europe 
and  from  the  political  interests  which  entangle  them  together,  with  pro- 
ductions and  wants  which  render  our  commerce  and  friendship  useful  to 
them  and  theirs  to  us,  it  can  not  be  the  interest  of  any  to  assail  us,  nor 
ours  to  disturb  them.  We  should  be  most  unwdse,  indeed,  were  we  to 
cast  away  the  singular  blessings  of  the  position  in  which  nature  has 
placed  us,  the  opportunity  she  has  endowed  us  with  of  pursuing,  at  a 
distance  from  foreign  contentions,  the  paths  of  industr>',  peace,  and 
happiness,  of  cultivating  general  friendship,  and  of  bringing  collisions 


362  Messages  and  Papers  of  the  Presidents 

of  interest  to  the  umpirage  of  reason  rather  than  of  force.  How  desir- 
able, then,  must  it  be  in  a  Government  Hke  ours  to  see  its  citizens  adopt 
individually  the  views,  the  interests,  and  the  conduct  which  their  country 
should  pursue,  divesting  themselves  of  those  passions  and  partialities 
which  tend  to  lessen  useful  friendships  and  to  embarrass  and  embroil  us 
in  the  calamitous  scenes  of  Europe.  Confident,  fellow-citizens,  that  you 
will  duly  estimate  the  importance  of  neutral  dispositions  toward  the 
obsen'ance  of  neutral  conduct,  that  you  will  be  sensible  how  much  it  is 
our  duty  to  look  on  the  bloody  arena  spread  before  us  with  commisera- 
tion indeed,  but  with  no  other  wish  than  to  see  it  closed,  I  am  persuaded 
you  will  cordially  cherish  these  dispositions  in  all  discussions  among 
yourselves  and  in  all  communications  with  your  constituents;  and  I 
anticipate  with  satisfaction  the  measures  of  wisdom  which  the  great  inter- 
ests now  committed  to  you  will  give  you  an  opportunity  of  providing, 
and  myself  that  of  approving  and  of  carrying  into  execution  with  the 
fidelity  I  owe  to  my  country. 

TH:  JEFFERSON. 


SPECIAL  MESSAGES. 

OCTOBKR  17,   1803. 
Gentlemen  of  the  Senate: 

In  my  message  of  this  day  to  both  Houses  of  Congress  I  explained  the 
circumstances  which  had  led  to  the  conclusion  of  conventions  with  France 
for  the  cession  of  the  Province  of  Louisiana  to  the  United  States.  Those 
conventions  are  now  laid  before  you  with  such  communications  relating 
to  them  as  may  assist  in  deciding  whether  you  will  advise  and  consent  to 
their  ratification. 

The  ratification  of  the  First  Consul  of  France  is  in  the  hands  of  his 
chargd  d'affaires  here,  to  be  exchanged  for  that  of  the  United  States 
whensoever,  before  the  30th  instant,  it  shall  be  in  readiness. 

TH:  JEFFERSON. 

October  21,  1803. 
To  the  Seriate  and  House  of  Representatives  of  the  United  States: 

In  my  communication  to  3'ou  of  the  17th  instant  I  informed  you  that 
conventions  had  been  entered  into  with  the  Government  of  France  for 
the  cession  of  Louisiana  to  the  United  States.  These,  with  the  advice 
and  consent  of  the  Senate,  having  now  been  ratified  and  my  ratifica- 
tion exchanged  for  that  of  the  First  Consul  of  France  in  due  form,  they 
are  communicated  to  you  for  consideration  in  your  legislative  capacity. 
You  will  observe  that  some  important  conditions  can  not  be  carried  into 


Thomas  Jefferson  363 

execution  but  with  the  aid  of  the  Legislature,  and  that  time  presses  a 
decision  on  them  without  delay. 

The  ulterior  provisions,  also  suggested  in  the  same  communication,  for 
the  occupation  and  government  of  the  country  will  call  for  early  atten- 
tion. Such  information  relative  to  its  government  as  time  and  distance 
have  permitted  me  to  obtain  will  be  ready  to  be  laid  before  you  within  a 
few  days;  but  as  permanent  arrangements  for  this  object  may  require 
time  and  deliberation,  it  is  for  your  consideration  whether  you  will  not 
forthwith  make  such  temporary  provisions  for  the  preservation  in  the 
meanwhile  of  order  and  tranquillity  in  the  country  as  the  case  may 
require. 

TH:  JEFFERSON. 


October  24,  1803. 
To  the  Senate  of  the  United  States: 

I  lay  before  you  the  convention  signed  on  the  12th  day  of  May  last 
between  the  United  States  and  Great  Britain  for  settling  their  boundaries 
in  the  northeastern  and  northwestern  parts  of  the  United  States,  which 
was  mentioned  in  my  general  message  of  the  17th  instant,  together  with 
such  papers  relating  thereto  as  may  enable  you  to  determine  whether 
you  will  advise  and  consent  to  its  ratification. 

TH:  JEFFERSON. 


October  31,  1803. 
To  the  Senate  of  the  United  States  of  America: 

I  now  lay  before  you  the  treaty  mentioned  in  my  general  message  at 
the  opening  of  the  session  as  having  been  concluded  with  the  Kaskaskia 
Indians  for  the  transfer  of  their  country  to  us  under  certain  reservations 
and  conditions. 

Progress  having  been  made  in  the  demarcation  of  Indian  boundaries,  I 
am  now  able  to  communicate  to  you  a  treaty  with  the  Delawares,  Shawa- 
nese,  Potawatamies,  Miamis,  Eel-rivers,  Weeas,  Kickapoos,  Piankeshaws, 
and  Kaskaskias,  estabUshing  the  boundaries  of  the  territory  around  St. 
Vincennes. 

Also  a  supplementary  treaty  with  the  Eel-rivers,  Wyandots,  Pianke- 
shaws, Kaskaskias,  and  Kickapoos,  in  confirmation  of  the  fourth  article 
of  the  preceding  treaty. 

Also  a  treaty  with  the  Choctaws,  describing  and  establishing  our 
demarcation  of  boundaries  with  them. 

Which  several  treaties  are  accompanied  by  the  papers  relating  to  them, 
and  are  now  submitted  to  the  Senate  for  consideration  whether  they  will 
advise  and  consent  to  their  ratification. 

TH:  JEFFERSON. 


364  Messages  and  Papers  of  the  Presidents 

November  4,  1803. 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

By  the  copy  now  communicated  of  a  letter  from  Captain  Bainbridge, 
of  the  Philadelphia  frigate,  to  our  consul  at  Gibraltar,  you  will  learn  that 
an  act  of  hostility  has  been  committed  on  a  merchant  vessel  of  the  United 
States  by  an  armed  ship  of  the  Emperor  of  Morocco.  This  conduct  on 
the  part  of  that  power  is  without  cause  and  without  explanation.  It  is 
fortunate  that  Captain  Bainbridge  fell  in  with  and  took  the  capturing 
vessel  and  her  prize,  and  I  have  the  satisfaction  to  inform  you  that  about 
the  date  of  this  transaction  such  a  force  would  be  arriving  in  the  neigh- 
borhood of  Gibraltar,  both  from  the  east  and  from  the  west,  as  leaves  less 
to  be  feared  for  our  commerce  from  the  suddenness  of  the  aggression. 

On  the  4th  of  September  the  Constitution  frigate.  Captain  Preble,  with 
Mr.  Lear  on  board,  was  within  two  days'  sail  of  Gibraltar,  where  the 
Philadelphia  would  then  be  arrived  with  her  prize,  and  such  explanations 
would  probably  be  instituted  as  the  state  of  things  required,  and  as  might 
perhaps  arrest  the  progress  of  hostilities. 

In  the  meanwhile  it  is  for  Congress  to  consider  the  provisional  author- 
ities which  may  be  necessary  to  restrain  the  depredations  of  this  power 
should  they  be  continued. 

TH:  JEFFERSON. 


November  14,  1803, 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

I  now  communicate  a  digest  of  the  information  I  have  received  relative 
to  Louisiana,  which  may  be  useful  to  the  Legislature  in  providing  for  the 
government  of  the  country.  A  translation  of  the  most  important  laws 
in  force  in  that  province,  now  in  press,  shall  be  the  subject  of  a  supple- 
mentary communication,  with  such  further  and  material  information  as 
may  yet  come  to  hand. 

TH:  JEFFERSON. 

November  24,  1803. 
To  the  House  of  Representatives  of  the  United  States: 

In  conformity  with  the  desire  expressed  in  the  resolution  of  the  House 
of  Representatives  of  the  15th  instant,  I  now  lay  before  them  copies  of 
such  documents  as  are  in  possession  of  the  Executive  relative  to  the 
arrest  and  confinement  of  Zachariah  Cox  by  ofl&cers  in  the  service  of  the 
United  States  in  the  year  1798.  From  the  nature  of  the  transaction 
some  documents  relative  to  it  might  have  been  expected  from  the  War 
Office;  but  if  any  ever  existed  there  they  were  probably  lost  when  the 
oflSce  and  its  papers  were  consumed  by  fire. 

TH:  JEFFERSON. 


Thomas  Jefferson  365 

November  25,  1803. 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

The  treaty  with  the  Kaskaskia  Indians  being  ratified  with  the  advice 
and  consent  of  the  Senate,  it  is  now  laid  before  both  Houses  in  their 
legislative  capacity.  It  will  inform  them  of  the  obligations  which  the 
United  States  thereby  contract,  and  particularly  that  of  taking  the  trite 
under  their  future  protection,  and  that  the  ceded  country  is  submitted 
to  their  immediate  possession  and  disposal. 

TH:  JEFFERSON. 

November  29,  1803. 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

I  now  communicate  an  appendix  to  the  information  heretofore  given 
on  the  subject  of  Louisiana.  You  will  be  sensible,  from  the  face  of 
these  papers,  as  well  as  of  those  to  which  they  are  a  sequel,  that  they  are 
not  and  could  not  be  ofl&cial,  but  are  furnished  by  different  individuals 
as  the  result  of  the  best  inquiries  they  had  been  able  to  make,  and  now 
given  as  received  from  them,  only  digested  under  heads  to  prevent  repe- 
titions. 

TH:  JEFFERSON. 


December  5,  1803. 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

I  have  the  satisfaction  to  inform  you  that  the  act  of  hostility  men- 
tioned in  my  message  of  the  4th  of  November  to  have  been  committed 
by  a  cruiser  of  the  Emperor  of  Morocco  on  a  vessel  of  the  United  States 
has  been  disavowed  by  the  Emperor.  All  differences  in  consequence 
thereof  have  been  amicably  adjusted,  and  the  treaty  of  1786  between 
this  country  and  that  has  been  recognized  and  confirmed  by  the  Em- 
peror, each  party  restoring  to  the  other  what  had  been  detained  or  taken. 
I  inclose  the  Emperor's  orders  given  on  this  occasion. 

The  conduct  of  our  officers  generally  who  have  had  a  part  in  these 
transactions  has  merited  entire  approbation. 

The  temperate  and  correct  course  pursued  by  our  consul,  Mr.  Simp- 
son, the  promptitude  and  energy  of  Commodore  Preble,  the  efificacious 
cooperation  of  Captains  Rodgers  and  Campbell,  of  the  returning  squad- 
ron, the  proper  decision  of  Captain  Bainbridge  that  a  vessel  which  had 
committed  an  open  hostility  was  of  right  to  be  detained  for  inquiry  and 
consideration,  and  the  general  zeal  of  the  other  officers  and  men  are 
honorable  facts  which  I  make  known  with  pleasure.  And  to  these  I  add 
what  was  indeed  transacted  in  another  quarter — the  gallant  enterprise  of 
Captain  Rodgers  in  destroying  on  the  coast  of  Tripoli  a  corvette  of  that 
power  of  22  guns. 


366  Messages  and  Papers  of  the  Presidents 

I  recommend  to  the  consideration  of  Congress  a  just  indemnification 
for  the  interest  acquired  by  the  captors  of  the  Mishouda  and  Mirboha, 
yielded  by  them  for  the  pubhc  accommodation. 

TH:  JEFFERSON. 


December  5,  1803. 
To  the  Senate  of  the  United  States: 

In  comphance  with  the  desire  of  the  Senate  expressed  in  their  resolu- 
tion of  the  2 2d  of  November,  on  the  impressment  of  seamen  in  the  service 
of  the  United  States  by  the  agents  of  foreign  nations,  I  now  lay  before 
the  Senate  a  letter  from  the  Secretary  of  State  with  a  specification  of  the 
cases  of  which  information  has  been  received. 

TH:  JEFFERSON. 


December  21,  1803. 
To  the  Seyiate  of  the  United  States: 

On  the  nth  of  Januar>'  last  I  laid  before  the  Senate,  for  their  consid- 
eration and  advice,  a  convention  with  Spain  on  the  subject  of  indemnities 
for  spoliations  on  our  commerce  committed  by  her  subjects  during  the 
late  war,  which  convention  is  still  before  the  Senate.  As  this  instru- 
ment did  not  embrace  French  seizures  and  condemnations  of  our  vessels 
in  the  ports  of  Spain,  for  which  we  deemed  the  latter  power  responsible, 
our  minister  at  that  Court  was  instructed  to  press  for  an  additional  article, 
comprehending  that  branch  of  wrongs.  I  now  communicate  what  has 
since  passed  on  that  subject.  The  Senate  will  judge  whether  the  pros- 
pect it  offers  will  justify  a  longer  suspension  of  that  portion  of  indem- 
nities conceded  by  Spain  should  she  now  take  no  advantage  of  the  lapse 
of  the  period  for  ratification.  As  the  settlement  of  the  boundaries  of 
Louisiana  will  call  for  new  negotiations  on  our  receiving  possession  of 
that  Pro\'ince,  the  claims  not  obtained  by  the  convention  now  before  the 
Senate  may  be  incorporated  into  those  discussions. 

TH:  JEFFERSON. 


December  31,  1803. 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

I  now  lay  before  Congress  the  annual  account  of  the  fund  estabhshed 
for  defraying  the  contingent  charges  of  Government.  No  occasion  hav- 
ing arisen  for  making  use  of  any  part  of  it  in  the  present  year,  the  balance 
of  $18,560  unexpended  at  the  end  of  the  last  year  remains  now  in  the 
Treasury. 

TH:  JEFFERSON. 


Thomas  Jefferson  367 

January  16,  1804. 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

In  execution  of  the  act  of  the  present  session  of  Congress  for  taking 
possession  of  lyouisiana,  as  ceded  to  us  by  France,  and  for  the  temporary 
government  thereof,  Governor  Claiborne,  of  the  Mississippi  Territory, 
and  General  Wilkinson  were  appointed  commissioners  to  receive  posses- 
sion. They  proceeded  with  such  regular  troops  as  had  been  assembled 
at  Fort  Adams  from  the  nearest  posts  and  with  some  militia  of  the  Mis- 
sissippi Territory  to  New  Orleans.  To  be  prepared  for  anything  unex- 
pected which  might  arise  out  of  the  transaction,  a  respectable  body  of 
mihtia  was  ordered  to  be  in  readiness  in  the  States  of  Ohio,  Kentucky, 
and  Tennessee,  and  a  part  of  those  of  Tennessee  was  moved  on  to  the 
Natchez.  No  occasion,  however,  arose  for  their  services.  Our  commis- 
sioners, on  their  arrival  at  New  Orleans,  found  the  Province  already 
delivered  by  the  commissioners  of  Spain  to  that  of  France,  who  delivered 
it  over  to  them  on  the  20th  day  of  December,  as  appears  by  their  declara- 
tory act  accompanying  this.  Governor  Claiborne,  being  duly  invested 
with  the  powers  heretofore  exercised  by  the  governor  and  intendant 
of  Louisiana,  assumed  the  government  on  the  same  day,  and  for  the 
maintenance  of  law  and  order  immediately  issued  the  proclamation  and 
address  now  communicated. 

On  this  important  acquisition,  so  favorable  to  the  immediate  interests 
of  our  Western  citizens,  so  auspicious  to  the  peace  and  security  of  the 
nation  in  general,  which  adds  to  our  country  territories  so  extensive  and 
fertile  and  to  our  citizens  new  brethren  to  partake  of  the  blessings  of 
freedom  and  self-government,  I  offer  to  Congress  and  our  country  my 
sincere  congratulations. 

TH:  JEFFERSON. 


January  24,  1804. 
Gentlemen  of  the  Senate  and  of  the  House  of  Representatives: 

I  communicate  for  your  information  a  letter  just  received  from  Gov- 
ernor Claiborne,  which  may  throw  light  on  the  subject  of  the  government 
of  lyouisiana,  under  contemplation  of  the  lyCgislature.  The  paper  being 
original,  a  return  is  asked. 

TH:  JEFFERSON. 


February  16,  1804. 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

Information  having  been  received  some  time  ago  that  the  public  lands 
in  the  neighborhood  of  Detroit  required  particular  attention,  the  agent 
appointed  to  transact  business  with  the  Indians  in  that  quarter  was 


368  Messages  and  Papers  of  the  Presidents 

instructed  to  inquire  into  and  report  the  situation  of  the  titles  and  occu- 
pation of  the  lands,  private  and  public,  in  the  neighboring  settlements. 
His  report  is  now  communicated,  that  the  Legislature  may  judge  how  far 
its  interposition  is  necessary  to  quiet  the  legal  titles,  confirm  the  equitable, 
to  remove  the  past  and  prevent  future  intrusions  which  have  neither 

law  nor  justice  for  the  basis. 

TH:  JEFFERSON. 


February  22,  1804. 
To  the  Senate  and  Hojise  of  Representatives  of  the  Uyiited  States: 

I  communicate  to  Congress,  for  their  information,  a  report  of  the  sur- 
veyor of  the  public  buildings  at  Washington,  stating  what  has  been  done 
under  the  act  of  the  last  session  concerning  the  city  of  Washington  on 
the  Capitol  and  other  public  buildings,  and  the  highway  between  them. 

TH:  JEFFERSON. 


February  29,  1804. 
To  the  Senate  and  House  of  Represe?itatives  of  the  United  States: 

I  communicate,  for  the  information  of  Congress,  a  letter  stating  certain 
fraudulent  practices  for  monopolizing  lands  in  I^ouisiana,  which  may  per- 
haps require  legislative  provisions. 

TH:  JEFFERSON. 

March  20,  1804. 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

I  communicate  to  Congress  a  letter  received  from  Captain  Bainbridge, 
commander  of  the  Philadelphia  frigate,  informing  us  of  the  wreck  of 
that  vessel  on  the  coast  of  TripoH,  and  that  himself,  his  officers  and  men, 
had  fallen  into  the  hands  of  the  Tripolitans.  This  accident  renders  it 
expedient  to  increase  our  force  and  enlarge  our  expenses  in  the  Medi- 
terranean beyond  what  the  last  appropriation  for  the  naval  service  con- 
templated. I  recommend,  therefore,  to  the  consideration  of  Congress  such 
an  addition  to  that  appropriation  as  they  may  think  the  exigency  requires. 

TH:  JEFFERSON. 

March  22,  1804. 
To  the  Senate  and  House  of  Represejitatives  of  the  United  States: 

I  lay  before  Congress  the  last  returns  of  the  militia  of  the  United 
States.  Their  incompleteness  is  much  to  be  regretted,  and  its  remedy 
may  at  some  future  time  be  a  subject  worthy  the  attention  of  Congress. 

TH:  JEFFERSON. 


Thomas  Jefferson  369 


PROCLAMATION. 

[From  Annals  of  Congress,  Eighth  Congress,  second  session,  1234.] 

To  all  whom  these  presents  shall  come: 

Whereas  by  an  act  of  Congress  authority  has  been  given  to  the  Presi- 
dent of  the  United  States,  whenever  he  shall  deem  it  expedient,  to  erect 
the  shores,  waters,  and  inlets  of  the  bay  and  river  of  Mobile,  and  of  the 
other  rivers,  creeks,  inlets,  and  bays  emptying  into  the  Gulf  of  Mexico 
east  of  the  said  river  Mobile  and  west  thereof  to  the  Pascagoula,  inclu- 
sive, into  a  separate  district  for  the  collection  of  duties  on  imports  and 
tonnage;  and  to  estabhsh  such  place  within  the  same  as  he  shall  deem  it 
expedient  to  be  the  port  of  entry  and  delivery  for  such  district;  and  to 
designate  such  other  places  wdthin  the  same  district,  not  exceeding  two, 
to  be  ports  of  delivery  only: 

Now  know  ye  that  I,  Thomas  Jefferson,  President  of  the  United 
States,  do  hereby  decide  that  all  the  above-mentioned  shores,  waters, 
inlets,  creeks,  and  rivers  lying  within  the  boundaries  of  the  United 
States  shall  constitute  and  form  a  separate  district,  to  be  denominated 
"the  district  of  Mobile;"  and  do  also  designate  Fort  Stoddert,  within 
the  district  aforesaid,  to  be  the  port  of  entry  and  delivery  for  the  said 
district. 

Given  under  my  hand  this  20th  day  of  May,  1804. 

TH:  JEFFERSON. 


FOURTH  ANNUAL  MHSSAGB. 

November  8,  1804. 
To  the  Senate  a7id  House  of  Representatives  0/  the  United  States: 

To  a  people,  fellow-citizens,  who  sincerely  desire  the  happiness  and 
prosperity  of  other  nations;  to  those  who  justly  calculate  that  their  own 
well-being  is  advanced  by  that  of  the  nations  with  which  they  have 
intercourse,  it  will  be  a  satisfaction  to  observe  that  the  war  which  was 
lighted  up  in  Europe  a  little  before  our  last  meeting  has  not  yet  extended 
its  flames  to  other  nations,  nor  been  marked  by  the  calamities  which 
sometimes  stain  the  footsteps  of  war.  The  irregularities,  too,  on  the 
ocean,  which  generally  harass  the  commerce  of  neutral  nations,  have,  in 
distant  parts,  disturbed  ours  less  than  on  former  occasions;  but  in  the 
American  seas  they  have  been  greater  from  peculiar  causes,  and  even 
within  our  harbors  and  jurisdiction  infringements  on  the  authority  of 
the  laws  have  been  committed  which  have  called  for  serious  attention. 
M  P — voi<  I — 24 


37©  Messages  and  Papers  of  the  Presidents 

The  friendly  conduct  of  the  Governments  from  whose  officers  and  sub- 
jects these  acts  have  proceeded,  in  other  respects  and  in  places  more 
under  their  observation  and  control,  gives  us  confidence  that  our  repre- 
sentations on  this  subject  will  have  been  properly  regarded. 

While  noticing  the  irregularities  committed  on  the  ocean  by  others, 
those  on  our  owti  part  should  not  be  omitted  nor  left  unprovided  for. 
Complaints  have  been  received  that  persons  residing  within  the  United 
States  have  taken  on  themselves  to  arm  merchant  vessels  and  to  force  a 
commerce  into  certain  ports  and  countries  in  defiance  of  the  laws  of  those 
countries.  That  individuals  should  undertake  to  wage  private  war,  inde- 
pendently of  the  authority  of  their  countr>'',  can  not  be  permitted  in  a 
well-ordered  society.  Its  tendency  to  produce  aggression  on  the  laws 
and  rights  of  other  nations  and  to  endanger  the  peace  of  our  own  is  so 
obvious  that  I  doubt  not  you  will  adopt  measures  for  restraining  it  effec- 
tually in  future. 

Soon  after  the  passage  of  the  act  of  the  last  session  authorizing  the 
establishment  of  a  district  and  port  of  entry  on  the  waters  of  the  Mobile 
we  learnt  that  its  object  was  misunderstood  on  the  part  of  Spain.  Candid 
explanations  were  immediately  given  and  assurances  that,  reserving  our 
claims  in  that  quarter  as  a  subject  of  discussion  and  arrangement  with 
Spain,  no  act  was  meditated  in  the  meantime  inconsistent  with  the  peace 
and  friendship  existing  between  the  two  nations,  and  that  conformably  to 
these  intentions  would  be  the  execution  of  the  law.  That  Government 
had,  however,  thought  proper  to  suspend  the  ratification  of  the  conven- 
tion of  1802;  but  the  explanations  which  would  reach  them  soon  after, 
and  still  more  the  confirmation  of  them  by  the  tenor  of  the  instrument 
establishing  the  port  and  district,  may  reasonably  be  expected  to  replace 
them  in  the  dispositions  and  views  of  the  whole  subject  which  originally 
dictated  the  convention. 

I  have  the  satisfaction  to  inform  you  that  the  objections  which  had 
been  urged  by  that  Government  against  the  validity  of  our  title  to  the 
country  of  lyouisiana  have  been  withdrawn,  its  exact  limits,  however, 
remaining  still  to  be  settled  between  us;  and  to  this  is  to  be  added  that, 
having  prepared  and  delivered  the  stock  created  in  execution  of  the  con- 
vention of  Paris  of  April  30,  1803,  in  consideration  of  the  cession  of  that 
country,  we  have  received  from  the  Government  of  France  an  acknowl- 
edgment, in  due  form,  of  the  fulfillment  of  that  stipulation. 

With  the  nations  of  Europe  in  general  our  friendship  and  intercourse 
are  undisturbed,  and  from  the  Governments  of  the  belligerent  powers 
especially  we  continue  to  receive  those  friendly  manifestations  which  are 
justly  due  to  an  honest  neutrality  and  to  such  good  offices  consistent 
with  that  as  we  have  opportunities  of  rendering. 

The  activity  and  success  of  the  small  force  employed  in  the  Mediterra- 
nean in  the  early  part  of  the  present  year,  the  reenforcements  sent  into 
that  sea,  and  the  energy  of  the  officers  having  command  in  the  several 


Thomas  Jefferson  371 

vessels  will,  I  trust,  by  the  sufferings  of  war,  reduce  the  barbarians  of 
Tripoli  to  the  desire  of  peace  on  proper  terms.  Great  injury,  however, 
ensues  to  ourselves,  as  well  as  to  others  interested,  from  the  distance  to 
which  prizes  must  be  brought  for  adjudication  and  from  the  impractica- 
bility of  bringing  hither  such  as  are  not  seaworthy. 

The  Bey  of  Tunis  having  made  requisitions  unauthorized  by  our  treaty, 
their  rejection  has  produced  from  him  some  expressions  of  discontent. 
But  to  those  who  expect  us  to  calculate  whether  a  compliance  with  unjust 
demands  will  not  cost  us  less  than  a  war  we  must  leave  as  a  question  of 
calculation  for  them  also  whether  to  retire  from  unjust  demands  will  not 
cost  them  less  than  a  war.  We  can  do  to  each  other  very  sensible  injuries 
by  war,  but  the  mutual  advantages  of  peace  make  that  the  best  interest 
of  both. 

Peace  and  intercourse  with  the  other  powers  on  the  same  coast  con- 
tinue on  the  footing  on  which  they  are  established  by  treaty. 

In  pursuance  of  the  act  providing  for  the  temporary  government  of  Loui- 
siana, the  necessary  officers  for  the  Territory  of  Orleans  were  appointed  in 
due  time  to  commence  the  exercise  of  their  functions  on  the  ist  day  of 
October.  The  distance,  however,  of  some  of  them  and  indispensable 
previous  arrangements  may  have  retarded  its  commencement  in  some 
of  its  parts.  The  form  of  government  thus  provided  having  been  consid- 
ered but  as  temporary,  and  open  to  such  future  improvements  as  further 
information  of  the  circumstances  of  our  brethren  there  might  suggest,  it 
will  of  course  be  subject  to  your  consideration. 

In  the  district  of  Louisiana  it  has  been  thought  best  to  adopt  the 
division  into  subordinate  districts  which  had  been  established  under  its 
former  government.  These  being  five  in  number,  a  commanding  ofl&cer 
has  been  appointed  to  each,  according  to  the  provisions  of  the  law,  and  so 
soon  as  they  can  be  at  their  stations  that  district  will  also  be  in  its  due 
state  of  organization.  In  the  meantime  their  places  are  supphed  by  the 
officers  before  commanding  there.  And  the  functions  of  the  governor 
and  judges  of  Indiana  having  commenced,  the  government,  we  presume, 
is  proceeding  in  its  new  form.  The  lead  mines  in  that  district  offer  so 
rich  a  supply  of  that  metal  as  to  merit  attention.  The  report  now  com- 
municated will  inform  you  of  their  state  and  of  the  necessity  of  imme- 
diate inquiry  into  their  occupation  and  titles. 

With  the  Indian  tribes  estabhshed  within  our  newly  acquired  limits,  I 
have  deemed  it  necessary  to  open  conferences  for  the  purpose  of  estab- 
hshing  a  good  understanding  and  neighborly  relations  between  us.  So 
far  as  we  have  yet  learned,  we  have  reason  to  believe  that  their  disposi- 
tions are  generally  favorable  and  friendly;  and  with  these  dispositions  on 
their  part,  we  have  in  our  own  hands  means  which  can  not  fail  us  for  pre- 
serving their  peace  and  friendship.  By  pursuing  an  uniform  course  of 
justice  toward  them,  by  aiding  them  in  all  the  improvements  which  may 
better  their  condition,  and  especially  by  establishing  a  commerce  on  terms 


372  Messages  and  Papers  of  the  Presidents 

which  shall  be  advantageous  to  them  and  only  not  losing  to  us,  and  so 
regulated  as  that  no  incendiaries  of  our  own  or  any  other  nation  may  be 
permitted  to  disturb  the  natural  effects  of  our  just  and  friendly  offices, 
we  may  render  ourselves  so  necessary  to  their  comfort  and  prosperity 
that  the  protection  of  our  citizens  from  their  disorderly  members  will 
become  their  interest  and  their  voluntary  care.  Instead,  therefore,  of 
an  augmentation  of  military  force  proportioned  to  our  extension  of  fron- 
tier, I  propose  a  moderate  enlargement  of  the  capital  employed  in  that 
commerce  as  a  more  effectual,  economical,  and  humane  instrument  for 
preserving  peace  and  good  neighborhood  with  them. 

On  this  side  the  Mississippi  an  important  relinquishment  of  native  title 
has  been  received  from  the  Delawares.  That  tribe,  desiring  to  extin- 
guish in  their  people  the  spirit  of  hunting  and  to  convert  superfluous 
lands  into  the  means  of  improving  what  they  retain,  has  ceded  to  us 
all  the  country''  between  the  Wabash  and  Ohio  south  of  and  including 
the  road  from  the  rapids  toward  Vincennes,  for  which  they  are  to  receive 
annuities  in  animals  and  implements  for  agriculture  and  in  other  neces- 
saries. This  acquisition  is  important,  not  only  for  its  extent  and  fertiUty, 
but  as  fronting  300  miles  on  the  Ohio,  and  near  half  that  on  the  Wabash. 
The  produce  of  the  settled  country  descending  those  rivers  will  no  longer 
pass  in  review  of  the  Indian  frontier  but  in  a  small  portion,  and,  with 
the  cession  heretofore  made  by  the  Kaskaskias,  nearly  consolidates  our 
possessions  north  of  the  Ohio,  in  a  very  respectable  breadth — from  Lake 
Erie  to  the  Mississippi.  The  Piankeshaws  having  some  claim  to  the  coun- 
try ceded  by  the  Delawares,  it  has  been  thought  best  to  quiet  that  by  fair 
purchase  also.  So  soon  as  the  treaties  on  this  subject  shall  have  received 
their  constitutional  sanctions  they  shall  be  laid  before  both  Houses. 

The  act  of  Congress  of  February  28,  1803,  for  building  and  employing 
a  number  of  gunboats,  is  now  in  a  course  of  execution  to  the  extent  there 
provided  for.  The  obstacle  to  naval  enterprise  which  vessels  of  this 
construction  offer  for  our  seaport  towns,  their  utility  toward  supporting 
within  our  waters  the  authority  of  the  laws,  the  promptness  with  which 
they  will  be  manned  by  the  seamen  and  militia  of  the  place  in  the  moment 
they  are  wanting,  the  facility  of  their  assembling  from  different  parts 
of  the  coast  to  any  point  where  they  are  required  in  greater  force  than 
ordinary,  the  econom}^  of  their  maintenance  and  preservation  from  decay 
when  not  in  actual  sen'ice,  and  the  competence  of  our  finances  to  this 
defensive  provision  without  any  new  burthen  are  considerations  which 
will  have  due  weight  with  Congress  in  deciding  on  the  expediency  of 
adding  to  their  number  from  year  to  year,  as  experience  shall  test  their 
utility,  until  all  our  important  harbors,  by  these  and  auxiliary  means, 
shall  be  secured  against  insult  and  opposition  to  the  laws. 

No  circumstance  has  arisen  since  your  last  session  which  calls  for  any 
augmentation  of  our  regular  military  force.  Should  any  improvement 
occur  in  the  militia  system,  that  will  be  always  seasonable. 


Thomas  Jefferson  yj^i 

Accounts  of  the  receipts  and  expenditures  of  the  last  year,  with  esti- 
mates for  the  ensuing  one,  will  as  usual  be  laid  before  you. 

The  state  of  our  finances  continues  to  fulfill  our  expectations.  Eleven 
millions  and  a  half  of  dollars,  received  in  the  course  of  the  year  ending 
the  30th  of  September  last,  have  enabled  us,  after  meeting  all  the  ordi- 
nary expenses  of  the  year,  to  pay  upward  of  $3,600,000  of  the  public 
debt,  exclusive  of  interest.  This  payment,  with  those  of  the  two  preced- 
ing years,  has  extinguished  upward  of  twelve  millions  of  the  principal 
and  a  greater  sum  of  interest  within  that  period,  and  by  a  proportionate 
diminution  of  interest  renders  already  sensible  the  effect  of  the  growing 
sum  yearly  applicable  to  the  discharge  of  the  principal. 

It  is  also  ascertained  that  the  revenue  accrued  during  the  last  year 
exceeds  that  of  the  preceding,  and  the  probable  receipts  of  the  ensuing 
year  may  safely  be  relied  on  as  sufficient,  with  the  sum  already  in  the 
Treasury',  to  meet  all  the  current  demands  of  the  year,  to  discharge  up- 
ward of  three  millions  and  a  half  of  the  engagements  incurred  under  the 
British  and  French  conventions,  and  to  advance  in  the  further  redemption 
of  the  funded  debt  as  rapidly  as  had  been  contemplated.  These,  fellow- 
citizens,  are  the  principal  matters  which  I  have  thought  it  necessary  at 
this  time  to  communicate  for  your  consideration  and  attention.  Some 
others  will  be  laid  before  you  in  the  course  of  the  session;  but  in  the  dis- 
charge of  the  great  duties  confided  to  you  by  our  country  you  will  take 
a  broader  view  of  the  field  of  legislation.  Whether  the  great  interests  of 
agriculture,  manufactures,  commerce,  or  navigation  can  within  the  pale 
of  your  constitutional  powers  be  aided  in  any  of  their  relations;  whether 
laws  are  provided  in  all  cases  where  they  are  wanting;  whether  those 
provided  are  exactly  what  they  should  be;  whether  any  abuses  take  place 
in  their  administration,  or  in  that  of  the  public  reventies;  whether  the 
organization  of  the  pubhc  agents  or  of  the  pubhc  force  is  perfect  in  all 
its  parts;  in  fine,  whether  anything  can  be  done  to  advance  the  general 
good,  are  questions  within  the  limits  of  your  functions  which  will  neces- 
sarily occupy  your  attention.  In  these  and  all  other  matters  which  you 
in  your  wisdom  may  propose  for  the  good  of  our  country  3'ou  may  count 
with  assurance  on  my  hearty  cooperation  and  faithful  execution. 

TH:  JEFFERSON. 


SPECIAL  MESSAGES. 

November  15,  1804. 
To  the  Senate  of  the  United  States: 

I  now  lay  before  you  a  treaty,  entered  into  on  the  i8th  day  of  August 
of  the  present  year,  between  the  United  States  on  one  part  and  the  Dela- 
ware Indians  on  the  other,  for  the  extinguishment  of  their  title  to  a  tract 
of  country  between  the  Ohio  and  Wabash  rivers. 


374  Messages  and  Papers  of  the  Presidents 

And  another  of  the  27th  day  of  the  same  month,  between  the  United 
States  and  the  Piankeshaws,  for  a  confirmation  of  the  same  by  the  latter, 
together  with  a  letter  from  Governor  Harrison  on  the  same  subject;  which 
treaties  are  submitted  for  your  advice  and  consent. 

TH:  JEFFERSON. 

November  15,  1804. 
To  the  House  of  Representatives  of  the  United  States: 

Agreeably  to  your  resolution  of  the  9th  instant,  I  now  lay  before  you  a 
statement  of  the  circumstances  attending  the  destruction  of  the  frigate 
Philadelphia,  with  the  names  of  the  officers  and  the  number  of  men  em- 
ployed on  the  occasion,  to  which  I  have  to  add  that  Lieutenant  Decatur 
was  thereupon  advanced  to  be  a  captain  in  the  Navy  of  the  United 

States. 

TH:  JEFFERSON. 

November  30,  1804. 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

I  now  lay  before  you  copies  of  the  treaties  concluded  with  the  Dela- 
ware and  Piankeshaw  Indians  for  the  extinguishment  of  their  title  to  the 
lands  therein  described,  and  I  recommend  to  the  consideration  of  Congress 
the  making  provision  by  law  for  carrying  them  into  execution. 

TH:  JEFFERSON. 

December  13,  1804. 
To  the  Senate  of  the  United  States: 

I  present  for  your  advice  a  treaty  entered  into  on  behalf  of  the  United 
States  with  the  Creek  Indians  for  the  extinguishment  of  their  right  in 
certain  lands  in  the  forks  of  Oconee  and  Okmulgee  rivers,  within  the 
State  of  Georgia.  For  the  purpose  of  enabling  you  to  form  a  satisfac- 
tory judgment  on  the  subject,  it  is  accompanied  with  the  instructions  of 
1802,  April  12,  to  James  Wilkinson,  Benjamin  Hawkins,  and  Andrew 
Pickens,  commissioners;  those  of  1803,  May  5,  to  James  Wilkinson,  Ben- 
jamin Hawkins,  and  Robert  Anderson,  commissioners,  and  those  of  1804, 
April  2,  to  Benjamin  Hawkins,  sole  commissioner.  The  negotiations  for 
obtaining  the  whole  of  the  lands  between  the  Oconee  and  Okmulgee  have 
now  been  continued  through  three  successive  seasons  under  the  original 
instructions  and  others  supplementary  to  them  given  from  time  to  time, 
as  circumstances  required,  and  the  unity  of  the  negotiation  has  been  pre- 
served not  only  by  the  subject,  but  by  continuing  Colonel  Hawkins  always 
one  of  the  commissioners,  and  latterly  the  sole  one.  The  extent  of  the 
cession  to  be  obtained  being  uncertain,  the  limitation  of  price  was  what 
should  be  thought  reasonable  according  to  the  usual  rate  of  compensation. 
The  commissioner  has  been  induced  to  go  beyond  this  limit  probably  by 


Thomas  Jefferson  ;^y^ 

the  just  attentions  due  to  the  strong  interest  which  the  State  of  Georgia 
feels  in  making  this  particular  acquisition,  and  by  a  despair  of  procuring 
it  on  more  reasonable  terms  from  a  tribe  which  is  one  of  those  most  fixed 
in  the  policy  of  holding  fast  their  lands.  To  this  may  be  added  that  if, 
by  an  alteration  in  the  first  article,  instead  of  giving  them  stock  which 
may  be  passed  into  other  hands  and  render  them  the  prey  of  speculators, 
an  annuity  shall  be  paid  them  in  this  case,  as  has  hitherto  been  practiced 
in  all  similar  cases,  the  price  of  these  lands  will  become  a  pledge  and 
guaranty  for  our  future  peace  with  this  important  tribe,  and  eventually 
an  indemnity  for  the  breach  of  it. 

On  the  whole,  I  rest  with  entire  satisfaction  on  the  wisdom  and  counsel 
of  those  whose  sanctions  the  Constitution  has  rendered  necessary  to  the 

final  validity  of  this  act. 

TH:  JEFFERSON. 

December  31,  1804. 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

The  inclosed  letter,  written  from  Malta  by  Richard  O'Brien,  our  late 
consul  at  Algiers,  giving  some  details  of  transactions  before  Tripoli,  is 
communicated  for  the  information  of  Congress. 

TH:  JEFFERSON. 

December  31,  1804. 
To  the  Senate  of  the  United  States: 

Most  of  the  Indians  residing  within  our  northern  boundary  on  this 
side  of  the  Mississippi  receiving  from  us  annual  aids  in  money  and  nec- 
essaries, it  was  a  subject  of  complaint  with  the  Sacs  that  they  received 
nothing  and  were  connected  with  us  by  no  treaty.  As  they  owned  the 
country  in  the  neighborhood  of  our  settlements  of  Kaskaskia  and  St. 
Louis,  it  was  thought  expedient  to  engage  their  friendship,  and  Governor 
Harrison  was  accordingly  instructed  in  June  last  to  propose  to  them  an 
annuity  of  $500  or  $600,  stipulating  in  return  an  adequate  cession  of 
territory  and  an  exact  definition  of  boundaries.  The  Sacs  and  Foxes 
acting  generally  as  one  nation,  and  coming  forward  together,  he  found  it 
necessary  to  add  an  annuity  for  the  latter  tribe  also,  enlarging  proportion- 
ably  the  cession  of  territory,  which  was  accordingly  done  by  the  treaty 
now  communicated,  of  November  the  3d,  with  those  two  tribes. 

This  cession,  giving  us  a  perfect  title  to  such  a  breadth  of  country  on 
the  eastern  side  of  the  Mississippi,  with  a  command  of  the  Ouisconsin, 
strengthens  our  means  of  retaining  exclusive  commerce  with  the  Indians 
on  the  western  side  of  the  Mississippi — a  right  indispensable  to  the  pohcy 
of  governing  those  Indians  by  commerce  rather  than  by  arms. 

The  treaty  is  now  submitted  to  the  Senate  for  their  advice  and  consent. 

TH:  JEFFERSON. 


376  Messages  and  Papers  of  the  Presidents 

January  31,  1805. 
To  tJie  House  of  Representatives  of  the  Utiited  States: 

In  compliance  with  the  desire  of  the  House  of  Representatives,  ex- 
pressed in  their  resolution  of  yesterday,  I  have  to  inform  them  that  by 
a  letter  of  the  30th  of  May  last  from  the  Secretary  of  War  to  Samuel 
Hammond,  a  member  of  the  House,  it  was  proposed  to  him  to  accept  a 
commission  of  colonel-commandant  for  the  district  of  lyouisiana  when 
the  new  government  there  should  commence.  By  a  letter  of  the  30th  of 
June  he  signified  a  willingness  to  accept,  but  still  more  definitively  by 
one  of  October  26,  a  copy  of  which  is  therefore  now  communicated. 
A  commission  had  been  made  out  for  him  bearing  date  the  ist  day  of 
October  last,  and  forwarded  before  the  receipt  of  his  letter  of  October  26. 
No  later  communication  has  been  received  from  him,  nor  is  anything 
later  known  of  his  movements. 

TH:  JEFFERSON. 

February  i,  1805. 
To  the  House  of  Representatives  of  the  United  States: 

For  some  weeks  past  I  have  had  reason  to  expect  by  every  mail  from 
New  Orleans  information  which  would  have  fully  met  the  views  of  the 
House  of  Representatives,  expressed  in  their  resolution  of  December  31, 
on  the  subject  of  a  post-road  from  the  city  of  Washington  to  New 
Orleans;  but  this  being  not  yet  received,  I  think  it  my  duty  without  fur- 
ther delay  to  communicate  to  the  House  the  information  I  possess,  how- 
ever imperfect. 

Isaac  Briggs,  one  of  the  surveyors-general  of  the  United  States,  being 
about  to  return  in  July  last  to  his  station  at  Natchez,  and  apprised  of  the 
anxiety  existing  to  have  a  practicable  road  explored  for  forwarding  the 
mail  to  New  Orleans  without  crossing  the  mountains,  offered  his  serv- 
ices voluntarily  to  return  by  the  route  contemplated,  taking  as  he  should 
go  such  observations  of  longitude  and  latitude  as  would  enable  him  to 
delineate  it  exactly,  and  b}^  protraction  to  show  of  what  shortenings  it 
would  admit.  The  offer  was  accepted  and  he  was  furnished  with  an  accu- 
rate sextant  for  his  observ^ations.  The  route  proposed  was  from  Wash- 
ington by  Fredericksburg,  Cartersville,  lyOwer  Sauratown,  Salisbury, 
Franklin  Court-House  in  Georgia,  Tuckabachee,  Fort  Stoddert,  and  the 
mouth  of  Pearl  River  to  New  Orleans.  It  is  believed  he  followed  this 
route  generally,  deviating  at  times  only  for  special  purposes,  and  return- 
ing again  into  it.  His  letters,  herewith  communicated,  will  shew  his 
opinion  to  have  been,  after  completing  his  journey,  that  the  practicable 
distance  between  Washington  and  New  Orleans  will  be  a  little  over  i  ,000 
miles.  He  expected  to  f  on^'ard  his  map  and  special  report  within  one  week 
from  the  date  of  his  last  letter,  but  a  letter  of  December  10,  from  another 
person,  informs  me  he  had  been  unwell,  but  would  forward  them  within  a 


Thomas  Jefferson  377 

week  from  that  time.     So  soon  as  they  shall  be  received  they  shall  be 
communicated  to  the  House  of  Representatives. 

TH:  JEFFERSON. 


February  5,  1805. 
To  the  Senate  and  House  of  Represe^itatives  of  the  United  States: 

The  Secretary  of  State  has  lately  received  a  note  from  the  Danish 
charge  d'affaires,  claiming,  in  the  name  of  his  Government,  restitution  in 
the  case  of  the  brig  Henrich,  communicated  to  Congress  at  a  former  ses- 
sion, in  which  note  were  transmitted  sundry  documents  chiefly  relating  to 
the  value  and  neutral  character  of  the  vessel,  and  to  the  question  whether 
the  judicial  proceedings  were  instituted  and  conducted  without  the  concur- 
rence of  the  captain  of  the  Henrich.  As  these  documents  appear  to  form 
a  necessary  appendage  to  those  already  before  Congress,  and  throw  addi- 
tional lighi  on  the  subject,  I  transmit  copies  of  them  herewith. 

TH:  JEFFERSON. 

February  13,  1805. 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

In  the  message  to  Congress  at  the  opening  of  the  present .  session  I 
informed  them  that  treaties  had  been  entered  into  with  the  Delaware 
and  Piankeshaw  Indians  for  the  purchase  of  their  right  to  certain  lands 
on  the  Ohio.  I  have  since  received  another,  enteied  into  with  the  Sacs 
and  Foxes,  for  a  portion  of  country  on  both  sides  of  the  riv^er  Missis-- 
sippi.  These  treaties,  having  been  advised  and  consented  to  by  the  Sen- 
ate, have  accordingly  been  ratified,  but  as  they  involve  conditions  which 
require  legislative  provision,  they  are  now  submitted  to  both  branches 
for  consideration. 

TH:  JEFFERSON. 


February  20,  1805. 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

I  communicate,  for  the  information  of  Congress,  a  letter  of  September 
18  from  Commodore  Preble,  giving  a  detailed  account  of  the  transactions 
of  the  vessels  under  his  command  from  July  the  9th  to  the  loth  of  Sep- 
tember last  past. 

The  energy  and  judgment  displayed  by  this  excellent  officer  through 
the  whole  course  of  the  service  lately  confided  to  him  and  the  zeal  and 
valor  of  his  officers  and  men  in  the  several  enterpris2s  executed  by  them 
can  not  fail  to  give  high  satisfaction  to  Congreas  and  their  country,  of 
whom  they  have  deser\^ed  well. 

TH:  JEFFERSON. 


378  Messages  and  Papers  of  the  Presidents 

February  28,  1805. 

To  the  Senate  and  House  of  Representatives  of  the  United  States: 

I  now  lay  before  Congress  a  statement  of  the  militia  of  the  United 

States,  according  to  the  returns  last  received  from  the  several  States.     It 

will  be  perceived  that  some  of  these  are  not  of  recent  dates,  and  that  from 

the  States  of  Maryland,  Delaware,  and  Tennessee  no  returns  are  stated. 

As  far  as  appears  from  our  records,  none  were  ever  rendered  from  either 

of  these  States. 

TH:  JEFFERSON. 

February  28,  1805. 

To  the  Senate  and  House  of  Representatives  of  the  United  States: 

I  now  render  to  Congress  the  account  of  the  fund  established  by  the 

act  of  May  i,  1802,  for  defraying  the  contingent  charges  of  Government. 

No  occasion  having  arisen  for  making  use  of  any  part  of  the  balance  of 

$18,560  unexpended  on  the  31st  day  of  December,  1803,  when  the  last 

account  was  rendered  by  message,  that  balance  has  been  carried  to  the 

credit  of  the  surplus  fund. 

TH:  JEFFERSON. 


SECOND  INAUGURAL  ADDRESS. 

Proceeding,  fellow-citizens,  to  that  qualification  which  the  Constitution 
requires  before  my  entrance  on  the  charge  again  conferred  on  me,  it  is 
my  duty  to  express  the  deep  sense  I  entertain  of  this  new  proof  of  confi- 
dence from  my  fellow-citizens  at  large,  and  the  zeal  with  which  it  inspires 
me  so  to  conduct  myself  as  may  best  satisfy  their  just  expectations. 

On  taking  this  station  on  a  former  occasion  I  declared  the  principles 
on  which  I  believed  it  my  duty  to  administer  the  affairs  of  our  Common- 
wealth. My  conscience  tells  me  I  have  on  every  occasion  acted  up  to 
that  declaration  according  to  its  obvious  import  and  to  the  understand- 
ing of  every  candid  mind. 

In  the  transaction  of  your  foreign  affairs  we  have  endeavored  to  culti- 
vate the  friendship  of  all  nations,  and  especially  of  those  with  which  we 
have  the  most  important  relations.  We  have  done  them  justice  on  all 
occasions,  favored  where  favor  was  lawful,  and  cherished  mutual  interests 
and  intercourse  on  fair  and  equal  terms.  We  are  firmly  convinced,  and 
we  act  on  that  conviction,  that  with  nations  as  with  individuals  our  inter- 
ests soundly  calculated  will  ever  be  found  inseparable  from  our  moral 
duties,  and  history  bears  witness  to  the  fact  that  a  just  nation  is  trusted 
on  its  word  when  recourse  is  had  to  armaments  and  wars  to  bridle  others. 

At  home,  fellow-citizens,  you  best  know  whether  we  have  done  well 


Thomas  Jefferson  379 

or  ill.  The  suppression  of  unnecessary  oflBces,  of  useless  establishments 
and  expenses,  enabled  us  to  discontinue  our  internal  taxes.  These,  cov- 
ering our  land  with  officers  and  opening  our  doors  to  their  intrusions,  had 
already  begun  that  process  of  domiciliary  vexation  which  once  entered 
is  scarcely  to  be  restrained  from  reaching  successively  every  article  of 
property  and  produce.  If  among  these  taxes  some  minor  ones  fell  which 
had  not  been  inconvenient,  it  was  because  their  amount  would  not  have 
paid  the  officers  who  collected  them,  and  because,  if  they  had  any  merit, 
the  State  authorities  might  adopt  them  instead  of  others  less  approved. 

The  remaining  revenue  on  the  consumption  of  foreign  articles  is  paid 
chiefly  by  those  who  can  afford  to  add  foreign  luxuries  to  domestic 
comforts,  being  collected  on  our  seaboard  and  frontiers  only,  and,  incorpo- 
rated with  the  transactions  of  our  mercantile  citizens,  it  may  be  the  pleas- 
ure and  the  pride  of  an  American  to  ask.  What  farmer,  what  mechanic, 
what  laborer  ever  sees  a  taxgatherer  of  the  United  States?  These  con- 
tributions enable  us  to  support  the  current  expenses  of  the  Government, 
to  fulfill  contracts  with  foreign  nations,  to  extinguish  the  native  right  of 
soil  within  our  limits,  to  extend  those  limits,  and  to  apply  such  a  surplus 
to  our  public  debts  as  places  at  a  short  day  their  final  redemption,  and 
that  redemption  once  effected  the  revenue  thereby  liberated  may,  by  a 
just  repartition  of  it  among  the  States  and  a  corresponding  amendment  of 
the  Constitution,  be  applied  in  time  of  peace  to  rivers,  canals,  roads,  arts, 
manufactures,  education,  and  other  great  objects  within  each  State.  In 
time  of  war,  if  injustice  by  ourselves  or  others  must  sometimes  produce 
war,  increased  as  the  same  revenue  will  be  by  increased  population  and 
consumption,  and  aided  by  other  resources  reserved  for  that  crisis,  it  may 
meet  within  the  year  all  the  expenses  of  the  year  without  encroaching 
on  the  rights  of  future  generations  by  burthening  them  with  the  debts  of 
the  past.  War  will  then  be  but  a  suspension  of  useful  works,  and  a  return 
to  a  state  of  peace  a  return  to  the  progress  of  improvement. 

I  have  said,  fellow-citizens,  that  the  income  reserved  had  enabled  us  to 
extend  our  limits,  but  that  extension  may  possibly  pay  for  itself  before 
we  are  called  on,  and  in  the  meantime  may  keep  down  the  accruing 
interest;  in  all  events,  it  will  replace  the  advances  we  shall  have  made. 
I  know  that  the  acquisition  of  Louisiana  has  been  disapproved  by  some 
from  a  candid  apprehension  that  the  enlargement  of  our  territory  would 
endanger  its  union.  But  who  can  limit  the  extent  to  which  the  federa- 
tive principle  may  operate  effectively?  The  larger  our  association  the 
less  will  it  be  shaken  by  local  passions;  and  in  any  view  is  it  not  better 
that  the  opposite  bank  of  the  Mississippi  should  be  settled  by  our  own 
brethren  and  children  than  by  strangers  of  another  family?  With  which 
should  we  be  most  likely  to  live  in  harmony  and  friendly  intercourse? 

In  matters  of  religion  I  have  considered  that  its  free  exercise  is  placed 
by  the  Constitution  independent  of  the  powers  of  the  General  Govern- 
ment.    I  have  therefore  undertaken  on  no  occasion  to  prescribe  the 


380  Messages  and  Papers  of  the  Presidents 

religious  exercises  suited  to  it,  but  have  left  them,  as  the  Constitution 
found  them,  under  the  direction  and  discipline  of  the  church  or  state 
authorities  acknowledged  by  the  sev^eral  rehgious  societies. 

The  aboriginal  inhabitants  of  these  countries  I  have  regarded  with  the 
commiseration  their  history  inspires.  Endowed  with  the  faculties  and 
the  rights  of  men,  breathing  an  ardent  love  of  liberty  and  independence, 
and  occupying  a  country  which  left  them  no  desire  but  to  be  undisturbed, 
the  stream  of  overflowing  population  from  other  regions  directed  itself 
on  these  shores;  without  power  to  divert  or  habits  to  contend  against  it, 
they  have  been  overwhelmed  by  the. current  or  driven  before  it;  now 
reduced  within  limits  too  narrow  for  the  hunter's  state,  humanity  enjoins 
us  to  teach  them  agriculture  and  the  domestic  arts;  to  encourage  them 
to  that  industry  which  alone  can  enable  them  to  maintain  their  place  in 
existence  and  to  prepare  them  in  time  for  that  state  of  society  which  to 
bodily  comforts  adds  the  improvement  of  the  mind  and  morals.  We 
have  therefore  liberally  furnished  them  with  the  implements  of  hus- 
bandry and  household  use;  we  have  placed  among  them  instructors  in 
the  arts  of  first  necessity,  and  they  are  covered  with  the  aegis  of  the  law 
against  aggressors  from  among  ourselves. 

But  the  endeavors  to  enlighten  them  on  the  fate  which  awaits  their 
present  course  of  life,  to  induce  them  to  exercise  their  reason,  follow 
its  dictates,  and  change  their  pursuits  with  the  change  of  circumstances 
have  powerful  obstacles  to  encounter;  they  are  combated  by  the  habits 
of  their  bodies,  prejudices  of  their  minds,  ignorance,  pride,  and  the  influ- 
ence of  interested  and  crafty  individuals  among  them  who  feel  themselves 
something  in  the  present  order  of  things  and  fear  to  become  nothing  in 
any  other.  These  persons  inculcate  a  sanctimonious  reverence  for  the 
customs  of  their  ancestors;  that  whatsoever  they  did  must  be  done 
through  all  time;  that  reason  is  a  false  guide,  and  to  advance  under  its 
counsel  in  their  physical,  moral,  or  political  condition  is  perilous  innova- 
tion; that  their  duty  is  to  remain  as  their  Creator  made  them,  ignorance 
being  safety  and  knowledge  full  of  danger;  in  short,  my  friends,  among 
them  also  is  seen  the  action  and  counteraction  of  good  sense  and  of 
bigotry;  they  too  have  their  antiphilosophists  who  find  an  interest  in 
keeping  things  in  their  present  state,  who  dread  reformation,  and  exert 
all  their  faculties  to  maintain  the  ascendency  of  habit  over  the  duty 
of  improving  our  reason  and  obeying  its  mandates. 

In  giving  these  outlines  I  do  not  mean,  fellow-citizens,  to  arrogate  to 
myself  the  merit  of  the  measures.  That  is  due,  in  the  first  place,  to  the 
reflecting  character  of  our  citizens  at  large,  who,  by  the  weight  of  public 
opinion,  influence  and  strengthen  the  public  measures.  It  is  due  to  the 
sound  discretion  with  which  they  select  from  among  themselves  those  to 
whom  they  confide  the  legislative  duties.  It  is  due  to  the  zeal  and  wis- 
dom of  the  characters  thus  selected,  who  lay  the  foundations  of  pubUc 
happiness  in  wholesome  laws,  the  execution  of  which  alone  remains  for 


Thomas  Jefferson  381 

others,  and  it  is  due  to  the  able  and  faithful  auxiliaries,  whose  patriotism 
has  associated  them  with  me  in  the  executive  functions. 

During  this  course  of  administration,  and  in  order  to  disturb  it,  the 
artillery  of  the  press  has  been  leveled  against  us,  charged  with  whatsoever 
its  licentiousness  could  devise  or  dare.  These  abuses  of  an  institution  so 
important  to  freedom  and  science  are  deeply  to  be  regretted,  inasmuch  as 
they  tend  to  lessen  its  usefulness  and  to  sap  its  safety.  They  might, 
indeed,  have  been  corrected  by  the  wholesome  punishments  reserved  to 
and  provided  by  the  laws  of  the  several  States  against  falsehood  and  defa- 
mation, but  public  duties  more  urgent  press  on  the  time  of  public  servants, 
and  the  offenders  have  therefore  been  left  to  find  their  punishment  in  the 
public  indignation. 

Nor  was  it  uninteresting  to  the  world  that  an  experiment  should  be 
fairly  and  fully  made,  whether  freedom  of  discussion,  unaided  by  power, 
is  not  sufl&cient  for  the  propagation  and  protection  of  truth — whether  a 
government  conducting  itself  in  the  true  spirit  of  its  constitution,  with 
zeal  and  purity,  and  doing  no  act  which  it  would  be  unwilling  the  whole 
world  should  witness,  can  be  written  down  by  falsehood  and  defamation. 
The  experiment  has  been  tried;  you  have  witnessed  the  scene;  our 
fellow-citizens  looked  on,  cool  and  collected;  they  saw  the  latent  source 
from  which  these  outrages  proceeded;  they  gathered  around  their  public 
functionaries,  and  when  the  Constitution  called  them  to  the  decision 
by  suffrage,  they  pronounced  their  verdict,  honorable  to  those  who  had 
served  them  and  consolatory  to  the  friend  of  man  who  beHeves  that  he 
may  be  trusted  with  the  control  of  his  own  affairs. 

No  inference  is  here  intended  that  the  laws  provided  by  the  States 
against  false  and  defamatory  publications  should  not  be  enforced;  he 
who  has  time  renders  a  service  to  public  morals  and  public  tranquillity 
in  reforming  these  abuses  by  the  salutary  coercions  of  the  law;  but  the 
experiment  is  noted  to  prove  that,  since  truth  and  reason  have  main- 
tained their  ground  against  false  opinions  in  league  with  false  facts,  the 
press,  confined  to  truth,  needs  no  other  legal  restraint;  the  public  judg- 
ment will  correct  false  reasonings  and  opinions  on  a  full  hearing  of  all 
parties;  and  no  other  definite  line  can  be  drawn  between  the  inestimable 
liberty  of  the  press  and  its  demoralizing  licentiousness.  If  there  be  still 
improprieties  which  this  rule  would  not  restrain,  its  supplement  must  be 
sought  in  the  censorship  of  public  opinion. 

Contemplating  the  union  of  sentiment  now  manifested  so  generally  as 
auguring  harmony  and  happiness  to  our  future  course,  I  offer  to  our 
country  sincere  congratulations.  With  those,  too,  not  yet  rallied  to  the 
same  point  the  disposition  to  do  so  is  gaining  strength;  facts  are  pierc- 
ing through  the  veil  drawn  over  them,  and  our  doubting  brethren  will  at 
length  see  that  the  mass  of  their  fellow-citizens  with  whom  they  can  not 
yet  resolve  to  act  as  to  principles  and  measures,  think  as  they  think  and 
desire  what  they  desire  ;  that  our  wish  as  well  as  theirs  is  that  the  public 


382  Messages  and  Papers  of  the  Presidents 

efforts  may  be  directed  honestly  to  the  public  good,  that  peace  be  culti- 
vated, civil  and  religious  liberty  unassailed,  law  and  order  preserved, 
equality  of  rights  maintain-ed,  and  that  state  of  property,  equal  or  unequal, 
which  results  to  every  man  from  his  own  industry  or  that  of  his  father's. 
When  satisfied  of  these  views  it  is  not  in  human  natm-e  that  they  should 
not  approve  and  support  them.  In  the  meantime  let  us  cherish  them 
with  patient  affection,  let  us  do  them  justice,  and  more  than  justice,  in 
all  competitions  of  interest,  and  we  need  not  doubt  that  truth,  reason, 
and  their  own  interests  will  at  length  prevail,  will  gather  them  into  the 
fold  of  their  country,  and  will  complete  that  entire  union  of  opinion 
which  gives  to  a  nation  the  blessing  of  harmony  and  the  benefit  of  all  its 
strength. 

I  shall  now  enter  on  the  duties  to  which  my  fellow-citizens  have  again 
called  me,  and  shall  proceed  in  the  spirit  of  those  principles  which  they 
have  approved.  I  fear  not  that  any  motives  of  interest  may  lead  me 
astray;  I  am  sensible  of  no  passion  which  could  seduce  me  knowingly 
from  the  path  of  justice,  but  the  weaknesses  of  human  nature  and  the 
limits  of  my  own  understanding  will  produce  errors  of  judgment  some- 
times injurious  to  your  interests.  I  shall  need,  therefore,  all  the  indul- 
gence which  I  have  hferetofore  experienced  from  my  constituents;  the 
want  of  it  will  certainly  not  lessen  with  increasing  years.  I  shall  need, 
too,  the  favor  of  that  Being  in  whose  hands  we  are,  who  led  our  fathers, 
as  Israel  of  old,  from  their  native  land  and  planted  them  in  a  country 
flowing  with  all  the  necessaries  and  comforts  of  life;  who  has  covered 
our  infancy  with  His  providence  and  our  riper  years  with  His  wisdom 
and  power,  and  to  whose  goodness  I  ask  you  to  join  in  supplications 
with  me  that  He  will  so  enlighten  the  minds  of  your  servants,  guide 
their  councils,  and  prosper  their  measures  that  whatsoever  they  do  shall 
result  in  your  good,  and  shall  secure  to  you  the  peace,  friendship,  and 
approbation  of  all  nations. 

March  4,  1805. 


FIFTH  ANNUAL  MESSAGE. 

December  3,  1805. 
To  the  Senate  and  House  0/ Representatives  0/  the  United  States: 

At  a  moment  when  the  nations  of  Europe  are  in  commotion  and  arming 
against  each  other,  and  when  those  with  whom  we  have  principal  inter- 
course are  engaged  in  the  general  contest,  and  when  the  countenance  of 
some  of  them  toward  our  peaceable  country  threatens  that  even  that  may 
not  be  unaffected  by  what  is  passing  on  the  general  theater,  a  meeting  of 
the  representatives  of  the  nation  in  both  Houses  of  Congress  has  become 


Thomas  Jefferson  383 

more  than  usually  desirable.  Coming  from  every  section  of  our  country^ 
they  bring  with  them  the  sentiments  and  the  information  of  the  whole, 
and  will  be  enabled  to  give  a  direction  to  the  public  affairs  which  the  will 
and  the  wisdom  of  the  whole  will  approve  and  support. 

In  taking  a  view  of  the  State  of  our  country  we  in  the  first  place 
notice  the  late  aflBiction  of  two  of  our  cities  under  the  fatal  fever  which 
in  latter  times  has  occasionally  visited  our  shores.  Providence  in  His 
goodness  gave  it  an  early  termination  on  this  occasion  and  lessened  the 
number  of  victims  which  have  usually  fallen  before  it.  In  the  course  of 
the  several  visitations  by  this  disease  it  has  appeared  that  it  is  strictly 
local,  incident  to  cities  and  on  the  tide  waters  only,  incommunicable 
in  the  country  either  by  persons  under  the  disease  or  by  goods  carried 
from  diseased  places;  that  its  access  is  with  the  autumn  and  it  dis- 
appears with  the  early  frosts.  These  restrictions  within  narrow  limits 
of  time  and  space  give  security  even  to  our  maritime  cities  during  three- 
fourths  of  the  year,  and  to  the  country  always.  Although  from  these 
facts  it  appears  unnecessary,  yet  to  satisfy  the  fears  of  foreign  nations 
and  cautions  on  their  part  not  to  be  complained  of  in  a  danger  whose 
limits  are  yet  unknown  to  them  I  have  strictly  enjoined  on  the  officers  at 
the  head  of  the  customs  to  certify  with  exact  truth  for  every  vessel  sail- 
ing for  a  foreign  port  the  state  of  health  respecting  this  fever  which 
prevails  at  the  place  from  which  she  sails.  Under  every  motive  from 
character  and  duty  to  certify  the  truth,  I  have  no  doubt  they  have  faith- 
fully executed  this  injunction.  Much  real  injury  has,  however,  been 
sustained  from  a  propensity  to  identify  with  this  endemic  and  to  call  by 
the  same  name  fevers  of  very  different  kinds,  which  have  been  known 
at  all  times  and  in  all  countries,  and  never  have  been  placed  among  those 
deemed  contagious.  As  we  advance  in  oiu-  knowledge  of  this  disease, 
as  facts  develop  the  source  from  which  individuals  receive  it,  the  State 
authorities  charged  with  the  care  of  the  public  health,  and  Congress  with 
that  of  the  general  commerce,  will  become  able  to  regulate  with  eifect 
their  respective  functions  in  these  departments.  The  burthen  of  quaran- 
tines is  felt  at  home  as  well  as  abroad;  their  efficacy  merits  examination. 
Although  the  health  laws  of  the  States  should  be  found  to  need  no  pres- 
ent revisal  by  Congress,  yet  commerce  claims  that  their  attention  be 
ever  awake  to  them. 

Since  our  last  meeting  the  aspect  of  our  foreign  relations  has  consider- 
ably changed.  Our  coasts  have  been  infested  and  our  harbors  watched 
by  private  armed  vessels,  some  of  them  without  commissions,  some  with 
illegal  commissions,  others  with  those  of  legal  form,  but  committing 
piratical  acts  beyond  the  authority  of  their  commissions.  They  have 
captured  in  the  very  entrance  of  our  harbors,  as  well  as  on  the  high  seas, 
not  only  the  vessels  of  our  friends  coming  to  trade  with  us,  but  our  own 
also.  They  have  carried  them  off  under  pretense  of  legal  adjudication, 
but  not  daring  to  approach  a  court  of  justice,  they  have  plundered  and 


384  Messages  and  Papers  of  the  Presidents 

sunk  them  by  the  way  or  in  obscure  places  where  no  evidence  could 
arise  against  them,  maltreated  the  crews,  and  abandoned  them  in  boats 
in  the  open  sea  or  on  desert  shores  without  food  or  covering.  These 
enormities  appearing  to  be  unreached  by  any  control  of  their  sovereigns,  • 
I  found  it  necessary  to  equip  a  force  to  cruise  within  our  own  seas,  to 
arrest  all  vessels  of  these  descriptions  found  hovering  on  our  coasts 
within  the  limits  of  the  Gulf  Stream  and  to  bring  the  offenders  in  for 
trial  as  pirates. 

The  same  system  of  hovering  on  our  coasts  and  harbors  under  color  of 
seeking  enemies  has  been  also  carried  on  by  public  armed  ships  to  the 
great  annoyance  and  oppression  of  our  commerce.  New  principles,  too, 
have  been  interpolated  into  the  law  of  nations,  founded  neither  in  justice 
nor  the  usage  or  acknowledgment  of  nations.  According  to  these  a  bel- 
ligerent takes  to  itself  a  commerce  with  its  own  enemy  which  it  denies  to 
a  neutral  on  the  ground  of  its  aiding  that  enemy  in  the  war;  but  reason 
revolts  at  such  an  inconsistency,  and  the  neutral  having  equal  right  with 
the  belligerent  to  decide  the  question,  the  interests  of  our  constituents  and 
the  duty  of  maintaining  the  authority  of  reason,  the  only  umpire  between 
just  nations,  impose  on  us  the  obligation  of  providing  an  effectual  and 
detennined  opposition  to  a  doctrine  so  injurious  to  the  rights  of  peaceable 
nations.  Indeed,  the  confidence  we  ought  to  have  in  the  justice  of  others 
still  countenances  the  hope  that  a  sounder  view  of  those  rights  will  of 
itself  induce  from  every  belligerent  a  more  correct  observance  of  them. 

With  Spain  our  negotiations  for  a  settlement  of  differences  have  not 
had  a  satisfactory  issue.  Spoliations  during  a  former  war,  for  which 
she  had  formally  acknowledged  herself  responsible,  have  been  refused  to 
be  compensated  but  on  conditions  affecting  other  claims  in  no  wise  con- 
nected with  them.  Yet  the  same  practices  are  renewed  in  the  present 
war  and  are  already  of  great  amount.  On  the  Mobile,  our  commerce 
passing  through  that  river  continues  to  be  obstructed  by  arbitrary  duties 
and  vexatious  searches.  Propositions  for  adjusting  amicably  the  bound- 
aries of  Louisiana  have  not  been  acceded  to.  While,  however,  the  right 
is  unsettled,  we  have  avoided  changing  the  state  of  things  by  taking 
new  posts  or  strengthening  ourselves  in  the  disputed  territories,  in  the 
hope  that  the  other  power  would  not  by  a  contrary  conduct  oblige  us  to 
meet  their  example  and  endanger  conflicts  of  authority  the  issue  of  which 
may  not  be  easily  controlled.  But  in  this  hope  we  have  now  reason  to 
lessen  our  confidence.  Inroads  have  been  recently  made  into  the  Terri- 
tories of  Orleans  and  the  Mississippi,  our  citizens  have  been  seized  and 
their  property  plundered  in  the  very  parts  of  the  former  which  had  been 
actually  delivered  up  by  Spain,  and  this  by  the  regular  officers  and 
soldiers  of  that  Government.  I  have  therefore  found  it  necessary  at 
length  to  give  orders  to  our  troops  on  that  frontier  to  be  in  readiness  to 
protect  our  citizens,  and  to  repel  by  arms  any  similar  aggressions  in 
future.     Other  details  necessary  for  your  full  information  of  the  state  of 


Thomas  Jefferson  385 

things  between  this  country  and  that  shall  be  the  subject  of  another 
communication . 

In  reviewing  these  injuries  from  some  of  the  belligerent  powers  the 
moderation,  the  firmness,  and  the  wisdom  of  the  I,egislature  will  all  be 
called  into  action.  We  ought  still  to  hope  that  time  and  a  more  correct 
estimate  of  interest  as  well  as  of  character  will  produce  the  justice  we 
are  bound  to  expect.  But  should  any  nation  deceive  itself  by  false  calcu- 
lations, and  disappoint  that  expectation,  we  must  join  in  the  unprofitable 
contest  of  trying  which  party  can  do  the  other  the  most  harm.  Some  of 
these  injuries  may  perhaps  admit  a  peaceable  remedy.  Where  that  is  com- 
petent it  is  always  the  most  desirable.  But  some  of  them  are  of  a  nature 
to  be  met  by  force  only,  and  all  of  them  may  lead  to  it.  I  can  not, 
therefore,  but  recommend  such  preparations  as  circumstances  call  for. 
The  first  object  is  to  place  our  seaport  towns  out  of  the  danger  of  insult. 
Measures  have  been  already  taken  for  furnishing  them  with  heavy  can- 
non for  the  service  of  such  land  batteries  as  may  make  a  part  of  their 
defense  against  armed  vessels  approaching  them.  In  aid  of  these  it  is 
desirable  we  should  have  a  competent  number  of  gunboats,  and'  the 
number,  to  be  competent,  must  be  considerable.  If  immediately  begim, 
they  may  be  in  readiness  for  service  at  the  opening  of  the  next  season. 
Whether  it  will  be  necessary  to  augment  our  land  forces  will  be  decided 
by  occurrences  probably  in  the  course  of  your  session.  In  the  meantime 
you  will  consider  whether  it  would  not  be  expedient  for  a  state  of  peace 
as  well  as  of  war  so  to  organize  or  class  the  militia  as  would  enable  us 
on  any  sudden  emergency  to  call  for  the  services  of  the  younger  portions, 
unencumbered  with  the  old  and  those  having  families.  Upward  of 
300,000  able-bodied  men  between  the  ages  of  18  and  26  years,  which  the 
last  census  shews  we  may  now  count  within  our  limits,  will  furnish  a  com- 
petent number  for  offense  or  defense  in  any  point  where  they  may  be 
wanted,  and  will  give  time  for  raising  regular  forces  after  the  necessity 
of  them  shall  become  certain;  and  the  reducing  to  the  early  period  of  life 
all  its  active  service  can  not  but  be  desirable  to  our  younger  citizens  of 
the  present  as  well  as  future  times,  inasmuch  as  it  engages  to  them  in 
more  advanced  age  a  quiet  and  undisturbed  repose  in  the  bosom  of  their 
families.  I  can  not,  then,  but  earnestly  recommend  to  your  early  considera- 
tion the  expediency  of  so  modifying  our  militia  system  as,  by  a  separation 
of  the  more  active  part  from  that  which  is  less  so,  we  may  draw  from  it 
when  necessary  an  efiScient  corps  fit  for  real  and  active  service,  and  to 
be  called  to  it  in  regular  rotation. 

Considerable  provision  has  been  made  under  former  authorities  from 
Congress  of  materials  for  the  construction  of  ships  of  war  of  74  guns. 
These  materials  are  on  hand  subject  to  the  further  will  of  the  lyCgislature, 

An  immediate  prohibition  of  the  exportation  of  arms  and  ammunition 
is  also  submitted  to  your  determination. 

Turning  from  these  unpleasant  views  of  violence  and  wrong,  I  con- 
M  P — vol,  I — 25 


386  Messages  and  Papers  of  the  Presidents 

gratulate  you  on  the  liberation  of  our  fellow-citizens  who  were  stranded 
on  the  coast  of  Tripoli  and  made  prisoners  of  war.  In  a  government 
bottomed  on  the  will  of  all  the  life  and  liberty  of  every  individual  citizen 
become  interesting  to  all.  In  the  treaty,  therefore,  which  has  concluded 
our  warfare  with  that  State  an  article  for  the  ransom  of  om-  citizens  has 
been  agreed  to.  An  operation  by  land  b}^  a  small  band  of  our  country- 
men and  others,  engaged  for  the  occasion  in  conjunction  with  the  troops 
of  the,  ex-Bashaw  of  that  country',  gallantly  conducted  by  our  late  consul, 
Eaton,  and  their  successful  enterprise  on  the  city  of  Derne,  contributed 
doubtless  to  the  impression  which  produced  peace,  and  the  conclusion  of 
this  prevented  opportunities  of  which  the  officers  and  men  of  our  squad- 
ron destined  for  Tripoli  would  have  availed  themselves  to  emulate  the 
acts  of  valor  exhibited  by  their  brethren  in  the  attack  of  the  last  y&ax. 
Reflecting  with  high  satisfaction  on  the  distinguished  bravery  displayed 
whenever  occasions  permitted  in  the  late  Mediterranean  service,  I  think  it 
would  be  an  useful  encouragement  as  well  as  a  just  reward  to  make  an 
opening  for  some  present  promotion  by  enlarging  our  peace  establishment 
of  captains  and  lieutenants. 

With  Tunis  some  misunderstandings  have  arisen  not  yet  sufficiently 
explained,  but  friendly  discussions  with  their  ambassador  recently  arrived 
and  a  mutual  disposition  to  do  whatever  is  just  and  reasonable  can  not 
fail  of  dissipating  these,  so  that  we  may  consider  our  peace  on  that  coast, 
generally,  to  be  on  as  sound  a  footing  as  it  has  been  at  any  preceding 
time.  Still,  it  will  not  be  expedient  to  withdraw  immediately  the  whole 
of  our  force  from  that  sea. 

The  law  providing  for  a  naval  peace  establishment  fixes  the  number 
of  frigates  which  shall  be  kept  in  constant  service  in  time  of  peace,  and 
prescribes  that  they  shall  be  manned  by  not  more  than  two-thirds  of 
their  complement  of  seamen  and  ordinary  seamen.  Whether  a  frigate 
may  be  trusted  to  two-thirds  only  of  her  proper  complement  of  men  must 
depend  on  the  nature  of  the  service  on  which  she  is  ordered;  that  may 
sometimes,  for  her  safety  as  well  as  to  insure  her  object,  require  her 
fullest  complement.  In  adverting  to  this  subject  Congress  will  perhaps 
consider  whether  the  best  limitation  on  the  Executive  discretion  in  this 
case  would  not  be  by  the  number  of  .seamen  which  may  be  employed  in 
the  whole  service  rather  than  hy  the  number  of  the  vessels.  Occasions 
oftener  arise  for  the  employment  of  small  than  of  large  vessels,  and  it 
would  lessen  risk  as  well  as  expense  to  be  authorized  to  employ  them  of 
preference.  The  limitation  suggested  by  the  number  of  seamen  would 
admit  a  .selection  of  vessels  best  adapted  to  the  service. 

Our  Indian  neighbors  are  advancing,  many  of  them  with  spirit,  and 
others  beginning  to  engage  in  the  pursuits  of  agriculture  and  household 
manufacture.  They  are  becoming  sensible  that  the  earth  yields  subsist- 
ence with  less  labor  and  more  certainty  than  the  forest,  and  find  it  their 
interest  from  time  to  time  to  dispose  of  parts  of  their  surplus  and  waste 


Thomas  Jefferson  '  387 

lands  for  the  means  of  improving  those  they  occupy  and  of  subsisting 
their  families  while  they  are  preparing  their  farms.  Since  your  last  ses- 
sion the  Northern  tribes  have  sold  to  us  the  lands  between  the  Connecticut 
Reserve  and  the  former  Indian  boundary  and  those  on  the  Ohio  from  the 
same  boundary  to  the  rapids  and  for  a  considerable  depth  inland.  The 
Chickasaws  and  Cherokees  have  sold  us  the  country  between  and  adja- 
cent to  the  two  districts  of  Tennessee,  and  the  Creeks  the  residue  of 
their  lands  in  the  fork  of  Ocmulgee  up  to  the  Ulcofauhatche.  The  three 
fonner  purchases  are  important,  inasmuch  as  they  consolidate  disjoined 
parts  of  our  settled  country  and  render  their  intercourse  secure;  and  the 
second  particularly  so,  as,  with  the  small  point  on  the  river  which  we 
expect  is  by  this  time  ceded  by  the  Piankeshaws,  it  completes  our  pos- 
session of  the  whole  of  both  banks  of  the  Ohio  from  its  source  to  near  its 
mouth,  and  the  navigation  of  that  river  is  thereby  rendered  forever  safe 
to  our  citizens  settled  and  settling  on  its  extensive  waters.  The  pur- 
chase from  the  Creeks,  too,  has  been  for  some  time  particularly  interesting 
to  the  State  of  Georgia. 

The  several  treaties  which  have  been  mentioned  will  be  submitted  to 
both  Houses  of  Congress  for  the  exercise  of  their  respective  functions. 

Deputations  now  on  their  way  to  the  seat  of  Government  from  various 
nations  of  Indians  inhabiting  the  Missouri  and  other  parts  beyond  the 
Mississippi  come  charged  with  assurances  of  their  satisfaction  with  the 
new  relations  in  which  they  are  placed  with  us,  of  their  dispositions  to 
cultivate  our  peace  and  friendship,  and  their  desire  to  enter  into  com- 
mercial intercourse  with  us.  A  state  of  our  progress  in  exploring  the 
principal  rivers  of  that  country,  and  of  the  information  respecting  them 
hitherto  obtained,  will  be  communicated  so  soon  as  we  shall  receive  some 
further  relations  which  we  have  reason  shortly  to  expect. 

The  receipts  at  the  Treastuy  during  the  year  ending  on  the  30th  day  of 
September  last  have  exceeded  the  sum  of  $13,000,000,  which,  with  not 
quite  five  millions  in  the  Treasury  at  the  beginning  of  the  year,  have 
enabled  us  after  meeting  other  demands  to  pay  nearly  two  millions  of  the 
debt  contracted  under  the  British  treaty  and  convention,  upward  of  four 
millions  of  principal  of  the  public  debt,  and  four  millions  of  interest. 
These  payments,  with  those  which  had  been  made  in  three  years  and  a 
half  preceding,  have  extinguished  of  the  funded  debt  nearly  eighteen 
millions  of  principal.  Congress  by  their  act  of  November  10,  1803, 
authorized  us  to  borrow  $1,750,000  toward  meeting  the  claims  of  our 
citizens  assumed  by  the  convention  with  France.  We  have  not,  however, 
made  use  of  this  authority,  because  the  sum  of  four  millions  and  a  half, 
which  remained  in  the  Treasury  on  the  same  30th  day  of  September  last, 
with  the  receipts  which  we  may  calculate  on  for  the  ensuing  year,  besides 
paying  the  annual  sum  of  $8,000,000  appropriated  to  the  funded  debt 
and  meeting  all  the  current  demands  which  may  be  expected,  will  ena- 
ble us  to   pay  the  whole  sum  of  $3,750,000  assumed  by  the  French 


388  Messages  attd  Papers  of  the  Presidents 

convention  and  still  leave  us  a  surplus  of  nearly  $1,000,000  at  our  free 
disposal.  Should  you  concur  in  the  provisions  of  arms  and  armed  vessels 
recommended  by  the  circumstances  of  the  times,  this  surplus  will  furnish 
the  means  of  doing  so. 

On  this  first  occasion  of  addressing  Congress  since,  by  the  choice  of  my 
constituents,  I  have  entered  on  a  second  term  of  administration,  I  embrace 
the  opportunity  to  give  this  public  assurance  that  I  will  exert  my  best 
endeavors  to  administer  faithfully  the  executive  department,  and  will 
zealously  cooperate  with  you  in  everj^  measure  which  may  tend  to  secure 
the  liberty,  property,  and  personal  safety  of  our  fellow-citizens,  and  to 
consolidate  the  republican  forms  and  principles  of  otu*  Government. 

In  the  coiU"se  of  your  session  you  shall  receive  all  the  aid  which  I  can 
give  for  the  dispatch  of  public  business,  and  all  the  information  neces- 
sary for  your  deliberations,  of  which  the  interests  of  our  own  country  and 
the  confidence  reposed  in  us  by  others  will  admit  a  communication. 

TH:  JEFFERSON. 


SPECIAL  MESSAGES. 

December  6,  1805. 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

The  depredations  which  had  been  committed  on  the  commerce  of  the 
United  States  during  a  preceding  war  by  persons  under  the  authority 
of  Spain  are  sufiiciently  known  to  all.  These  made  it  a  duty  to  require 
from  that  Government  indemnifications  for  our  injured  citizens.  A 
convention  was  accordingly  entered  into  between  the  minister  of  the 
United  States  at  Madrid  and  the  minister  of  that  Government  for  for- 
eign affairs,  by  which  it  was  agreed  that  spoliations  committed  by  Span- 
ish subjects  and  carried  into  ports  of  Spain  should  be  paid  for  by  that 
nation,  and  that  those  committed  by  French  subjects  and  carried  into 
Spanish  ports  should  remain  for  further  discussion.  Before  this  conven- 
tion was  returned  to  Spain  with  our  ratification  the  transfer  of  Louisiana 
by  France  to  the  United  States  took  place,  an  event  as  unexpected  as  dis- 
agreeable to  Spain.  From  that  moment  she  seemed  to  change  her  con- 
duct and  dispositions  toward  us.  It  was  first  manifested  by  her  protest 
against  the  right  of  France  to  alienate  I,ouisiana  to  us,  which,  however, 
was  soon  retracted  and  the  right  confirmed.  Then  high  offense  was 
manifested  at  the  act  of  Congress  establishing  a  collection  district  on  the 
Mobile,  although  by  an  authentic  declaration  immediately  made  it  was 
expressly  confined  to  our  acknowledged  limits;  and  she  now  refused  to 
ratify  the  convention  signed  by  her  own  minister  under  the  eye  of  his 
Sovereign  unless  we  would  consent  to  alterations  of  its  terms  which 


Thomas  Jefferson  389 

wcruld  have  affected  our  claims  against  her  for  the  spoliations  by  French 
subjects  carried  into  Spanish  ports. 

To  obtain  justice  as  well  as  to  restore  friendship  I  thought  a  special 
mission  advisable,  and  accordingly  appointed  James  Monroe  minister 
extraordinary  and  plenipotentiary  to  repair  to  Madrid,  and  in  conjunc- 
tion with  our  minister  resident  there  to  endeavor  to  procure  a  ratification 
of  the  former  convention  and  to  come  to  an  understanding  with  Spain 
as  to  the  boundaries  of  lyouisiana.  It  appeared  at  once  that  her  policy 
was  to  reserve  herself  for  events,  and  in  the  meantime  to  keep  our  differ- 
ences in  an  undetermined  state.  This  will  be  evident  from  the  papers  now 
communicated  to  you.  After  nearly  five  months  of  fruitless  endeavor  to 
bring  them  to  some  definite  and  satisfactory  result,  our  ministers  ended 
the  conferences  without  having  been  able  to  obtain  indemnity  for  spolia- 
tions of  any  description  or  any  satisfaction  as  to  the  boundaries  of  Loui- 
siana, other  than  a  declaration  that  we  had  no  rights  eastward  of  the 
Iberville,  and  that  our  line  to  the  west  was  one  which  would  have  left 
us  but  a  string  of  land  on  that  bank  of  the  river  Mississippi.  Our  injmed 
citizens  were  thus  left  without  any  prospect  of  retribution  from  the 
wrongdoer,  and  as  to  boundary  each  party  was  to  take  its  own  course. 
That  which  they  have  chosen  to  pursue  will  appear  from  the  documents 
now  communicated.  They  authorize  the  inference  that  it  is  their  inten- 
tion to  advance  on  our  possessions  until  they  shall  be  repressed  by  an 
opposing  force.  Considering  that  Congress  alone  is  constitutionally 
invested  with  the  power  of  changing  our  condition  from  peace  to  war,  I 
have  thought  it  my  duty  to  await  their  authority  for  using  force  in  any 
degree  which  could  be  avoided.  I  have  barely  instructed  the  officers 
stationed  in  the  neighborhood  of  the  aggressions  to  protect  our  citizens 
from  violence,  to  patrol  within  the  borders  actually  delivered  to  us,  and 
not  to  go  out  of  them  but  when  necessary  to  repel  an  inroad  or  to  rescue 
a  citizen  or  his  property;  and  the  Spanish  officers  remaining  at  New 
Orleans  are  required  to  depart  without  further  delay.  It  ought  to  be 
noted  here  that  since  the  late  change  in  the  state  of  affairs  in  Europe 
Spain  has  ordered  her  cruisers  and  courts  to  respect  our  treaty  with  her. 

The  conduct  of  France  and  the  part  she  may  take  in  the  misunder- 
standings between  the  United  States  and  Spain  are  too  important  to  be 
unconsidered.  She  was  prompt  and  decided  in  her  declarations  that  our 
demands  on  S^ain  for  French  spoliations  carried  into  Spanish  ports  were 
included  in  the  settlement  between  the  United  States  and  France.  She 
took  at  once  the  ground  that  she  had  acquired  no  right  from  Spain,  and 
had  meant  to  deliver  us  none  eastward  of  the  Iberville,  her  silence  as 
to  the  western  boundar>'  leaving  us  to  infer  her  opinion  might  be  against 
Spain  in  that  quarter.  Whatever  direction  she  might  mean  to  give  to 
these  differences,  it  does  not  appear  that  she  has  contemplated  their  pro- 
ceeding to  actual  rupture,  or  that  at  the  date  of  our  last  advices  from 
Paris  her  Government  had  any  suspicion  of  the  hostile  attitude  Spain  had 


390  Messages  and  Papers  of  the  Presidents 

taken  here;  on  the  contrary,  we  have  reason  to  beUeve  that  she  was  dis- 
posed to  effect  a  settlement  on  a  plan  analogous  to  what  our  ministers 
had  proposed,  and  so  comprehensive  as  to  remove  as  far  as  possible  the 
grounds  of  future  collision  and  controversy  on  the  eastern  as  well  as. 
western  side  of  the  Mississippi. 

The  present  crisis  in  Europe  is  favorable  for  pressing  such  a  settle- 
ment, and  not  a  moment  should  be  lost  in  availing  ourselves  of  it. 
Should  it  pass  unimproved,  our  situation  would  become  much  more  diffi- 
cult. Fonnal  war  is  not  necessary — it  is  not  probable  it  will  follow;  but 
the  protection  of  our  citizens,  the  spirit  and  honor  of  our  country  require 
that  force  should  be  interposed  to  a  certain  degree  It  will  probably  con- 
tribute to  advance  the  object  of  peace. 

But  the  course  to  be  pursued  will  require  the  command  of  means  which 
it  belongs  to  Congress  exclusively  to  yield  or  to  deny.  To  them  I  com- 
municate every  fact  material  for  their  information  and  the  documents 
necessary  to  enable  them  to  judge  for  themselves.  To  their  wisdom, 
then,  I  look  for  the  course  I  am  to  pursue,  and  will  pursue  with  sincere 
zeal  that  which  they  shall  approve. 

TH:  JEFFERSON. 


December  ii,  1805. 
To  the  Senate  of  the  United  States: 

I  now  lay  before  the  Senate  the  several  treaties  and  conventions  follow- 
ing, which  have  been  entered  into  on  the  part  of  the  United  States  since 
their  last  session: 

1 .  A  treaty  of  peace  and  amity  between  the  United  States  of  America 
and  the  Bashaw,  Bey,  and  subjects  of  Tripoh,  in  Barbary. 

2.  A  treaty  between  the  United  States  and  the  Wyandot,  Ottawa, 
Chippewa,  Munsee,  and  Delaware,  Shawnee,  and  Potawatamie  nations 
of  Indians. 

3.  A  treaty  between  the  United  States  and  the  agents  of  the  Connect- 
icut Land  Companies  on  one  part  and  the  Wyandot,  Ottawa,  Chippewa, 
Munsee,  and  Delaware,  Shawnee,  and  Potawatamie  nations  of  Indians. 

4.  A  treaty  between  the  United  States  and  the  Delawares,  Potawata- 
mies,  Miamis,  Eel-rivers,  and  Weeas. 

5.  A  treaty  between  the  United  States  and  the  Chickasaw  Nation  of 
Indians. 

6.  A  treaty  between  the  United  States  of  America  and  the  Cherokee 
Indians. 

7.  A  convention  between  the  United  States  and  the  Creek  Nation  of 
Indians;  with  the  several  documents  necessary  for  their  explanation. 

The  Senate  having  dissented  to  the  ratification  of  the  treaty  with  the 
Creeks  submitted  to  them  at  their  last  session,  which  gave  a  sum  of 
$200,000  for  the  country  thereby  conveyed,  it  is  proper  now  to  observe 


Thomas  Jefferson  391 

that  instead  of  that  sum,  which  was  equivalent  to  a  perpetual  annuity  of 
^12,000,  the  present  purchase  gives  them  an  annuity  of  $12,000  for  eight 
years  only  and  of  $11,000  for  ten  years  more,  the  payments  of  which 
would  be  effected  by  a  present  sum  of  $130,000  placed  at  an  annual 
interest  of  6  per  cent.  If  from  this  sum  we  deduct  the  reasonable  value 
of  the  road  ceded  through  the  whole  length  of  their  country  from  Ocmul- 
gee  toward  New  Orleans,  a  road  of  indispensable  necessity  to  us,  the 
present  convention  will  be  found  to  give  little  more  than  the  half  of  the 
sum  which  was  formerly  proposed  to  be  given.  This  difference  is  thought 
sufficient  to  justify  the  presenting  this  subject  a  second  time  to  the  Senate, 
On  these  several  treaties  I  have  to  request  that  the  Senate  will  advise 
whether  I  shall  ratify  them  or  not. 

TH:  JEFFERSON. 

December  23,  1805. 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

The  governor  and  presiding  judge  of  the  Territory  of  Michigan  have 
made  a  report  to  me  of  the  state  of  that  Territory,  several  matters  in 
which  being  within  the  reach  of  the  legislative  authority  only,  I  lay  the 
report  before  Congress. 

TH:  JEFFERSON. 

December  31,  1805. 
To  the  House  of  Representatives  of  the  United  States: 

I  now  communicate  to  the  House  of  Representatives  all  the  informa- 
tion which  the  executive  offices  furnish  on  the  subject  of  their  resolution 
of  the  23d  instant  respecting  the  States  indebted  to  the  United  States. 

TH:  JEFFERSON. 

January  10,  1806. 
To  the  Senate  of  the  United  States: 

In  compliance  with  the  request  of  the  Senate  expressed  in  their  reso- 
lution of  December  27,1  now  lay  before  them  such  documents  and  papers 
(there  being  no  other  information  in  my  possession)  as  relate  to  com- 
plaints by  the  Government  of  France  against  the  commerce  carried  on  by 
the  citizens  of  the  United  States  to  the  French  island  of  St.  Domingo. 

TH:  JEFFERSON. 

,  January  13,  1806. 

To  the  Senate  of  the  United  States: 

According  to  the  request  of  the  Senate  of  December  30, 1  now  lay  before 
them  the  correspondence  of  the  naval  commanders  Barron  and  Rodgers 
and  of  Mr.  Eaton,  late  consul  at  Tunis,  respecting  the  progress  of  the 


392  Messages  and  Papers  of  the  Presidents 

war  with  Tripoli,  antecedeut  to  the  treaty  with  the  Bey  and  Regency  of 
Tripoli,  and  respecting  the  negotiations  for  the  same,  and  the  commission 
and  instructions  of  Mr.  Eaton,  with  such  other  correspondence  in  posses- 
sion of  the  ofl&ces  as  I  suppose  may  be  useful  to  the  Senate  in  their  delib- 
erations upon  the  said  treaty. 

The  instructions  which  were  given  to  Mr.  Lear,  the  consul-general  at 
Algiers,  respecting  the  negotiations  for  the  said  treaty  accompanied  the 
treaty  and  the  message  concerning  the  same,  and  are  now  with  them  in 
possession  of  the  Senate. 

So  much  of  these  papers  has  been  extracted  and  communicated  to  the 
House  of  Representatives  as  relates  to  the  principles  of  the  cooperation 
between  the  United  States  and  Hamet  Caramalli,  which  is  the  subject  of 
a  joint  message  to  both  Houses  of  Congress  bearing  equal  date  with  the 
present,  and  as  those  now  communicated  to  the  Senate  comprehend  the 
whole  of  that  matter,  I  request  that  they  may  be  considered  as  compris- 
ing the  documents  stated  in  that  message  as  accompanying  it.  Being 
jnostly  originals  or  sole  copies,  a  return  of  them  is  requested  at  the  con- 
venience of  the  Senate. 

We  have  no  letter  from  Mr.  I^ear  respecting  Tripoline  affairs  of  later 
date  than  that  of  July  5,  which  was  transmitted  to  the  Senate  with  the 
treaty,  nor,  consequently,  any  later  information  what  steps  have  been 
taken  to  carry  into  effect  the  stipulation  for  the  delivery  of  the  wife  and 
children  of  the  brother  of  the  reigning  Bashaw  of  Tripoli. 

TH:  JEFFERSON. 


January  13,  1806. 
To  tht  Senate  and  House  of  Representatives  of  the  United  States: 

I  lay  before  Congress  the  application  of  Hamet  Caramalli,  elder  brother 
of  the  reigning  Bashaw  of  Tripoli,  soliciting  from  the  United  States  atten- 
tion to  his  services  and  sufferings  in  the  late  war  against  that  State;  and 
in  order  to  possess  them  of  the  ground  on  which  that  application  stands, 
the  facts  shall  be  stated  according  to  the  views  and  information  of  the 
Executive. 

During  the  war  with  Tripoli  it  was  suggested  that  Hamet  Caramalli, 
elder  brother  of  the  reigning  Bashaw,  and  driven  by  him  from  his  throne, 
meditated  the  recovery  of  his  inheritance,  and  that  a  concert  in  action 
with  us  was  desirable  to  him.  We  considered  that  concerted  operations 
by  those  who  have  a  common  enemy  were  entirely  justifiable,  and  might 
produce  effects  favorable  to  both  without  binding  either  to  guarantee  the 
objects  of  the  other.  But  the  distance  of  the  scene,  the  difl&culties  of 
communication,  and  the  uncertainty  of  our  information  inducing  the  less 
confidence  in  the  measure,  it  was  committed  to  our  agents  as  one  which 
might  be  resorted  to  if  it  promised  to  promote  our  success. 

Mr.  Eaton,  however  (our  late  consul),  on  his  retmn  from  the  Medi- 


Thomas  Jefferson  393 

terranean,  possessing  personal  knowledge  of  the  scene  and  having  con- 
fidence in  the  effect  of  a  joint  operation,  we  authorized  Commodore  Bar- 
ron, then  proceeding  with  his  squadron,  to  enter  into  an  understanding 
with  Hamet  if  he  should  deem  it  useful;  and  as  it  was  represented  that 
he  would  need  some  aids  of  arms  and  ammunition,  and  even  of  money, 
he  was  authorized  to  furnish  them  to  a  moderate  extent,  according  to  the 
prospect  of  utility  to  be  expected  from  it.  In  order  to  avail  him  of  the 
advantages  of  Mr.  Eaton's  knowledge  of  circumstances,  an  occasional 
employment  was  provided  for  the  latter  as  an  agent  for  the  Navy  in  that 
sea.  Our  expectation  was  that  an  intercourse  should  be  kept  up  between 
the  ex- Bashaw  and  the  commodore;  that  while  the  former  moved  on  by 
land  our  squadron  should  proceed  with  equal  pace,  so  as  to  arrive  at  their 
destination  together  and  to  attack  the  common  enemy  by  land  and  sea  at 
the  same  time.  The  instructions  of  June  6  to  Commodore  Barron  shew 
that  a  cooperation  only  was  intended,  and  by  no  means  an  union  of  our 
object  with  the  fortune  of  the  ex-Bashaw,  and  the  commodore's  letters 
of  March  22  and  May  19  prove  that  he  had  the  most  correct  idea  of  our 
intentions.  His  verbal  instructions,  indeed,  to  Mr.  Eaton  and  Captain 
Hull,  if  the  expressions  are  accurately  committed  to  writing  by  those 
gentlemen,  do  not  limit  the  extent  of  his  cooperation  as  rigorously  as  he 
probably  intended;  but  it  is  certain  from  the  ex-Bashaw's  letter  of  Jan- 
uary 3,  written  when  he  was  proceeding  to  join  Mr.  Eaton,  and  in  which 
he  says,  "  Your  operations  sliould  be  carried  on  by  sea,  mine  by  land," 
that  he  left  the  position  in  which  he  was  with  a  proper  idea  of  the  nature 
of  the  cooperation.  If  Mr.  Eaton's  subsequent  convention  should  appear 
to  bring  forward  other  objects,  his  letter  of  April  29  and  May  i  views 
this  convention  but  as  provisional,  the  .second  article,  as  he  expressly 
states,  guarding  it  against  any  ill  effect;  and  his  letter  of  June  30  con- 
firms this  construction. 

In  the  event  it  was  found  that  after  placing  the  ex- Bashaw  in  posses- 
sion of  Derne,  one  of  the  most  important  cities  and  provinces  of  the 
country,  where  he  had  resided  himself  as  governor,  he  was  totally  unable 
to  command  any  resources  or  to  bear  any  part  in  cooperation  with  us. 
This  hope  was  then  at  an  end,  and  we  certainly  had  never  contemplated, 
nor  were  we  prepared,  to  land  an  army  of  our  own,  or  to  raise,  pay,  or 
subsist  an  army  of  Arabs  to  march  from  Derne  to  Tripoli  and  to  cany- 
on a  land  war  at  such  a  distance  from  our  resources.  Our  means  and  our 
authority  were  merely  naval,  and  that  such  were  the  expectations  of 
Hamet  his  letter  of  June  29  is  an  unequivocal  acknowledgment.  While, 
therefore,  an  impres.sion  from  the  capture  of  Derne  might  still  operate 
at  Tripoli,  and  an  attack  on  that  place  from  our  squadron  was  daily  ex- 
pected, Colonel  lycar  thought  it  the  best  moment  to  listen  to  overtures  of 
peace  then  made  by  the  Bashaw.  He  did  so,  and  while  urging  provisions 
for  the  United  States  he  paid  attention  also  to  the  interests  of  Samet, 
but  was  able  to  effect  nothing  more  than  to  engage  the  restitution  of  his 


394  Messages  and  Papers  of  the  Presidents 

family,  and  even  the  persevering  in  this  demand  suspended  for  some  time 
the  conclusion  of  the  treaty. 

In  operations  at  such  a  distance  it  becomes  necessary  to  leave  much 
to  the  discretion  of  the  agents  employed,  but  events  may  still  turn  up 
beyond  the  limits  of  that  discretion.  Unable  in  such  a  case  to  consult  his 
Government,  a  zealous  citizen  will  act  as  he  believes  that  would  direct 
him  were  it  apprised  of  the  circumstances,  and  will  take  on  himself  the 
responsibility.  In  all  these  cases  the  purity  and  patriotism  of  the  motives 
should  shield  the  agent  from  blame,  and  even  secure  a  sanction  where 
the  error  is  not  too  injurious.  Should  it  be  thought  by  any  that  the 
verbal  instructions  said  to  have  been  given  by  Commodore  Barron  to 
Mr.  Eaton  amount  to  a  stipulation  that  the  United  States  should  place 
Hamet  Caramalli  on  the  throne  of  Tripoli — a  stipulation  so  entirely 
unauthorized,  so  far  beyond  our  views,  and  so  onerous  could  not  be 
sanctioned  by  our  Government — or  should  Hamet  Caramalli,  contrary  to 
the  evidence  of  his  letters  of  January  3  and  June  29,  be  thought  to  have 
left  the  position  which  he  now  seems  to  regret,  under  a  mistaken  expec- 
tation that  we  were  at  all  events  to  place  him  on  his  throne,  on  an  appeal 
to  the  liberality  of  the  nation  something  equivalent  to  the  replacing  him 
in  his  former  situation  might  be  worthy  its  consideration. 

A  nation  by  establishing  a  character  of  liberality  and  magnanimity 
gains  in  the  friendship  and  respect  of  others  more  than  the  worth  of  mere 
money.  This  appeal  is  now  made  by  Hamet  Caramalli  to  the  United 
States.  The  ground  he  has  taken  being  different  not  only  from  our 
views  but  from  those  expressed  by  himself  on  fojmer  occasions,  Mr. 
Eaton  was  desired  to  state  whether  any  verbal  communications  passed 
from  him  to  Hamet  which  had  varied  what  we  saw  in  writing.  His 
answer  of  December  5  is  herewith  transmitted,  and  has  rendered  it  still 
more  necessary  that  in  presenting  to  the  Legislature  the  application  of 
Hamet  I  should  present  them  at  the  same  time  an  exact  statement  of  the 
views  and  proceedings  of  the  Executive  through  this  whole  business, 
that  they  may  clearly  understand  the  ground  on  which  we  are  placed. 
It  is  accompanied  by  all  the  papers  which  bear  any  relation  to  the  prin- 
ciples of  the  cooperation,  and  which  can  inform  their  judgment  in  decid- 
ing on  the  application  of  Hamet  Caramalli. 

TH:  JEFFERSON. 


January  15,  1806. 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

I  now  render  to  Congress  an  account  of  the  grant  of  $20,000  for  the 
contingent  charges  of  Government  by  an  act  making  appropriations  for 
the  support  of  Government  for  the  year  1805.  Of  that  sum  $1,987.50 
have  been  necessarily  applied  to  the  support  of  the  Territorial  govern- 


Thomas  Jefferson  395 

ments  of  Michigan  and  Louisiana  until  an  opportunity  could  occur  of  mak- 
ing a  specific  appropriation  for  that  purpose.  The  balance  of  $18,012.50 
remains  in  the  Treasury. 

TH:  JEFFERSON. 


January  17,  1806. 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

In  my  message  to  both  Houses  of  Congress  at  the  opening  of  their 
present  session  I  submitted  to  their  attention,  among  other  subjects,  the 
oppression  of  our  commerce  and  navigation  by  the  irregular  practices  of 
armed  vessels,  public  and  private,  and  by  the  introduction  of  new  prin- 
ciples derogatory  of  the  rights  of  neutrals  and  unacknowledged  by  the 
usage  of  nations. 

The  memorials  of  several  bodies  of  merchants  of  the  United  States  are 
now  communicated,  and  will  develop  these  principles  and  practices  which 
are  producing  the  most  ruinous  effects  on  our  lawful  commerce  and 
navigation. 

The  rights  of  a  neutral  to  carry  on  commercial  intercourse  with  every 
part  of  the  dominions  of  a  belligerent  permitted  by  the  laws  of  the  coun- 
try (with  the  exception  of  blockaded  ports  and  contraband  of  war)  was 
believed  to  have  been  decided  between  Great  Britain  and  the  United 
States  by  the  sentence  of  their  commissioners  mutually  appointed  to 
decide  on  that  and  other  questions  of  difference  between  the  two  nations, 
and  by  the  actual  payment  of  the  damages  awarded  by  them  against 
Great  Britain  for  the  infractions  of  that  right.  When,  therefore,  it  was 
perceived  that  the  same  principle  was  revived  with  others  more  novel  and 
extending  the  injury,  instructions  were  given  to  the  minister  plenipoten- 
tiary of  the  United  States  at  the  Court  of  lyondon,  and  remonstrances 
duly  made  by  him  on  this  subject,  as  will  appear  by  documents  trans- 
mitted herewith.  These  were  followed  by  a  partial  and  temporar>^  sus- 
pension only,  without  any  disavowal  of  the  principle.  He  has  therefore 
been  instructed  to  urge  this  subject  anew,  to  bring  it  more  fully  to  the 
bar  of  reason,  and  to  insist  on  rights  too  evident  and  too  important  to  be 
surrendered.  In  the  meantime  the  evil  is  proceeding  under  adjudica- 
tions founded  on  the  principle  which  is  denied.  Under  these  circum- 
stances the  subject  presents  itself  for  the  consideration  of  Congress. 

On  the  impressment  of  our  seamen  our  remonstrances  have  never  been 
intermitted.  A  hope  existed  at  one  moment  of  an  arrangement  which 
might  have  been  submitted  to,  but  it  soon  passed  away,  and  the  practice, 
though  relaxed  at  times  in  the  distant  seas,  has  been  constantly  pursued 
in  those  in  our  neighborhood.  The  grounds  on  which  the  reclamations 
on  this  subject  have  been  urged  will  appear  in  an  extract  from  instructions 
to  our  minister  at  London  now  communicated. 

TH:  JEFFERSON. 


396  Messages  and  Papers  of  the  Presidents 

January  17,  1806. 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

The  inclosed  letter  from  the  minister  plenipotentiary  of  the  United 
States  at  the  Court  of  lyondon  contains  interesting  information  on  the 
subjects  of  my  other  message  of  this  date.  It  is  sent  separately  and 
confidentially  because  its  publication  may  discourage  frank  communica- 
tions between  our  ministers  generally  and  the  Governments  with  which 
they  reside,  and  especially  between  the  same  ministers. 

TH:  JEFFERSON. 

January  24,  1806. 
To  the  Senate  of  the  United  States: 

A  convention  has  been  entered  into  between  the  United  States  and 
the  Cherokee  Nation  for  the  extinguishment  of  the  rights  of  the  latter, 
and  of  some  unsettled  claims  in  the  country  north  of  the  river  Tennes- 
see, therein  described.  This  convention  is  now  laid  before  the  Senate 
for  their  advice  and  consent  as  to  its  ratification. 

TH:  JEFFERSON. 

January  27,  1806. 
To  the  Senate  of  the  United  States: 

According  to  the  desire  of  the  Senate  expressed  in  their  resolution  of 
the  loth  instant,  I  now  communicate  to  them  a  report  of  the  Secretary' 
of  State,  with  its  documents,  stating  certain  new  principles  attempted  to 
be  introduced  on  the  subject  of  neutral  rights,  injurious  to  the  rights 
and  interests  of  the  United  States.  These,  with  my  message  to  both 
Houses  of  the  17th  instant  and  the  documents  accompanying  it,  fulfill  the 
desires  of  the  Senate  as  far  as  it  can  be  done  by  any  information  in  my 
possession  which  is  authentic  and  not  pubhcly  known. 

TH:  JEFFERSON. 

January  29,  1806. 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

Having  received  from  sundry  merchants  at  Baltimore  a  memorial  on 
the  same  subject  with  those  I  communicated  to  Congress  with  my  mes- 
sage of  the  17th  instant,  I  now  communicate  this  also  as  a  proper  sequel 
to  the  former,  and  as  making  a  part  of  the  mass  of  evidence  of  the  vio- 
lations of  our  rights  on  the  ocean, 

TH:  JEFFERSON. 

February  3,  1806. 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

A  letter  has  been  received  from  the  governor  of  South  Carohna  cover- 
ing an  act  of  the  legislature  of  that  State  ceding  to  the  United  States 


Thomas  Jefferson  397 

various  forts  and  fortifications  and  sites  for  the  erection  of  forts  in  that 
State  on  the  conditions  therein  expressed.  This  letter  and  the  act  it 
covered  are  now  communicated  to  Congress. 

I  am  not  informed  whether  the  positions  ceded  are  the  best  which  can 
be  taken  for  securing  their  respective  objects.  No  doubt  is  entertained 
that  the  legislature  deemed  them  such.  The  river  of  Beaufort,  particu- 
larly, said  to  be  accessible  to  ships  of  very  large  size  and  capable  of  yield- 
ing them  a  protection  which  they  can  not  find  elsewhere  but  very  far  to 
tile  north,  is  from  these  circumstances  so  interesting  to  the  Union  in  gen- 
eral as  to  merit  particular  attention  and  inquiry  as  to  the  positions  on  it 
best  calculated  for  health  as  well  as  safety. 

TH:  JEFFERSON. 


February  3,  1806. 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

In  the  course  of  the  last  year  the  following  treaties  and  conventions 
for  the  extinguishment  of  Indian  title  to  lands  within  our  limits  were 
entered  into  on  behalf  of  the  United  States: 

A  treaty  between  the  United  States  and  the  Wyandot,  Ottawa,  Chip- 
peway,  Munsee  and  Delaware,  Shawanee  and  Pottawatamy  nations  of 
Indians. 

A  treaty  between  the  United  States  and  the  agents  of  the  Connecticut 
lyand  Company  on  one  part  and  the  Wyandot  and  Ottawa,  Chippeway, 
Munsey  and  Delaware,  Shawanee  and  Pottawatamy  nations  of  Indians. 

A  treaty  between  the  United  States  and  the  Delawares,  Pottawatamies, 
Miamis,  Eel-rivers,  and  Weas. 

A  treaty  between  the  United  States  and  the  Chickasaw  Nation  of 
Indians. 

Two  treaties  between  the  United  States  and  the  Cherokee  Indians. 

A  convention  between  the  United  States  and  the  Creek  Nation  of 
Indians. 

The  Senate  having  advised  and  consented  to  the  ratification  of  these 
several  treaties  and  conventions,  I  now  lay  them  before  both  Houses  of 
Congress  for  the  exercise  of  their  constitutional  powers  as  to  the  means 
of  fulfilhng  them. 

TH:  JEFFERSON. 

February  6,  1806. 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

Since  the  date  of  my  message  of  January  17  a  letter  of  the  26th  of 
November  has  been  received  from  the  minister  plenipotentiary  of  the 
United  States  at  I^ondon,  covering  one  from  the  secretary  for  foreign 
affairs  of  that  Government,  which,  being  on  the  subject  of  that  message, 


398  Messages  and  Papers  of  the  Presidents 

is  now  transmitted  for  the  information  of  Congress.  Although  nothing 
forbids  the  substance  of  these  letters  from  being  communicated  without 
reserve,  yet  so  many  ill  effects  proceed  from  the  publications  of  cor- 
respondences between  ministers  remaining  still  in  office  that  I  can  not 
but  recommend  that  these  letters  be  not  permitted  to  be  formally  pub- 
lished. 

TH:  JEFFERSON. 


February  19,  1806. 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

In  pursuance  of  a  measure  proposed  to  Congress  by  a  message  of  Jan- 
uary 18,  1803,  and  sanctioned  by  their  approbation  for  carrying  it  into 
execution,  Captain  Meriwether  L^wis,  of  the  First  Regiment  of  infantry, 
was  appointed,  with  a  party  of  men,  to  explore  the  river  Missouri  from 
its  mouth  to  its  source,  and,  crossing  the  highlands  by  the  shortest  port- 
age, to  seek  the  best  water  communication  thence  to  the  Pacific  Ocean; 
and  Lieutenant  Clarke  was  appointed  second  in  command.  They  were 
to  enter  into  conference  with  the  Indian  nations  on  their  route  with  a 
view  to  the  establishment  of  commerce  with  them.  They  entered  the 
Missouri  May  14,  1804,  and  on  the  ist  of  November  took  up  their  winter 
quarters  near  the  Mandan  towns,  1,609  miles  above  the  mouth  of  the 
river,  in  latitude  47°  21'  47"  north  and  longitude  99°  24'  45"  west  from 
Greenwich.  On  the  8th  of  April,  1805,  they  proceeded  up  the  river  in 
pursuance  of  the  objects  prescribed  to  them.  A  letter  of  the  preceding 
day,  April  7th,  from  Captain  Lewis  is  herewith  communicated.  During 
his  stay  among  the  Mandans  he  had  been  able  to  lay  down  the  Missouri 
according  to  courses  and  distances  taken  on  his  passage  up  it,  corrected 
by  frequent  observations  of  longitude  and  latitude,  and  to  add  to  the 
actual  survey  of  this  portion  of  the  river  a  general  map  of  the  country 
between  the  Mississippi  and  Pacific  from  the  thirty-fourth  to  the  fifty- 
fourth  degree  of  latitude.  These  additions  are  from  information  col- 
lected from  Indians  with  whom  he  had  opportunities  of  communicating 
during  his  journey  and  residence  with  them.  Copies  of  this  map  are 
now  presented  to  both  Houses  of  Congress.  With  these  I  communicate 
also  a  statistical  view,  procured  and  forwarded  by  him,  of  the  Indian 
nations  inhabiting  the  Territory  of  Louisiana  and  the  countries  adjacent 
to  its  northern  and  western  borders,  of  their  commerce,  and  of  other 
interesting  circumstances  respecting  them. 

In  order  to  render  the  statement  as  complete  as  may  be  of  the  Indians 
inhabiting  the  country  west  of  the  Mississippi,  I  add  Dr.  Sibley's  account 
of  those  residing  in  and  adjacent  to  the  Territory  of  Orleans. 

I  communicate  also,  from  the  same  person,  an  account  of  the  Red 
River,  according  to  the  best  information  he  had  been  able  to  collect. 

Having  been  disappointed,  after  considerable  preparation,  in  the  pur- 


Thomas  Jefferson  399 

pose  of  sending  an  exploring  party  up  that  river  in  the  summer  of  1804, 
it  was  thought  best  to  employ  the  autumn  of  that  year  in  procuring  a 
knowledge  of  an  interesting  branch  of  the  river  called  the  Washita. 

This  was  undertaken  under  the  direction  of  Mr.  Dunbar,  of  Natchez, 
a  citizen  of  distinguished  science,  who  had  aided  and  continues  to  aid 
us  with  his  disinterested  and  valuable  services  in  the  prosecution  of  these 
enterprises.  He  ascended  the  river  to  the  remarkable  hot  springs  near 
it,  in  latitude  34°  31'  4.16",  longitude  c)2°  50'  45"  west  from  Greenwich, 
taking  its  courses  and  distances,  and  correcting  them  by  frequent  celes- 
tial observations.  Extracts  from  his  observations  and  copies  of  his  map 
of  the  river  from  its  mouth  to  the  hot  springs  make  part  of  the  present 
communications.  The  examination  of  the  Red  River  itself  is  but  now 
commencing. 

TH:  JEFFERSON. 


'SIarch  5,  1806. 
To  the  Senate  of  the  United  States: 

According  to  the  request  of  the  Senate  expressed  in  their  resolution 
of  3d  instant,  I  now  transmit  the  extract  of  a  letter  from  the  Secretary 
of  State  to  the  minister  plenipotentiary'-  of  the  United  States  at  Paris,  the 
answer  to  that  letter,  and  two  letters  from  Henry  Waddell,  a  citizen  of 
the  United  States,  relative  to  the  interference  of  the  said  minister  in  the 
case  of  the  ship  New  Jersey  and  to  the  principles  alleged  to  have  been 
laid  down  on  that  occasion. 

There  are  in  the  office  of  the  Department  of  State  several  printed  doc- 
uments in  this  case  by  the  agent  of  those  interested  in  the  ship,  which 
are  voluminous  and  in  French.  If  these  be  within  the  scope  of  the 
request  of  the  Senate,  the  printed  copies  can  be  sent  in  immediately,  but  if 
translations  be  necessary  some  considerable  time  will  be  requisite  for  their 
execution.  On  this  subject  any  further  desire  which  the  Senate  shall 
think  proper  to  express  shall  be  complied  with. 

TH:  JEFFERSON. 


March  7,  1806. 
To  the  Senate  of  the  United  States: 

According  to  the  request  of  the  Senate  of  yesterday,  I  now  transmit  the 
five  printed  memorials  of  the  agent  for  the  ship  New  Jersey,  in  the  one  of 
which  marked  B,  at  the  ninth  page,  will  be  found  the  letter  relative  to 
it  from  the  minister  plenipotentiary  of  the  United  States  at  Paris  to  the 
French  minister  of  the  treasury,  supposed  to  be  the  one  designated  in 
the  resolution.  We  have  no  information  of  this  letter  but  through  the 
channel  of  the  party  interested  in  the  ship,  nor  any  proof  of  it  more 
authentic  than  that  now  communicated. 

TH:  JEFFERSON. 


400  Messages  and  Papers  of  the  Presidents 

March  19,  1806. 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

It  was  reasonably  expected  that  while  the  limits  between  the  terri- 
tories of  the  United  States  and  of  Spain  were  unsettled  neither  party 
would  have  innovated  on  the  existing  state  of  their  respective  positions. 
Some  time  since,  however,  we  learnt  that  the  Spanish  authorities  were 
advancing  into  the  disputed  country  to  occupy  new  posts  and  make  new 
settlements.  Unwilling  to  take  any  measures  which  might  preclude  a 
peaceable  accommodation  of  differences,  the  oflScers  of  the  United  States 
were  ordered  to  confine  themselves  within  the  country  on  this  side  of 
the  Sabine  River  which,  by  delivery  of  its  principal  post,  Natchitoches, 
was  understood  to  have  been  itself  delivered  up  by  Spain,  and  at  the 
same  time  to  permit  no  adverse  post  to  be  taken  nor  armed  men  to  remain 
within  it.  In  consequence  of  these  orders  the  commanding  ofl&cer  of 
Natchitoches,  learning  that  a  party  of  Spanish  troops  had  crossed  the 
Sabine  River  and  were  posting  themselves  on  this  side  the  Adais,  sent  a 
detachment  of  his  force  to  require  them  to  withdraw  to  the  other  side  of 
the  Sabine,  which  they  accordingly  did. 

I  have  thought  it  proper  to  communicate  to  Congress  the  letter  detail- 
ing this  incident,  that  they  may  fully  understand  the  state  of  things  in 
that  quarter  and  be  enabled  to  make  such  provision  for  its  security  as, 
in  their  wisdom,  they  shall  deem  sufficient. 

TH:  JEFFERSON. 

April  ii,  1806. 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

I  now  lay  before  Congress  a  statement  of  the  militia  of  the  United 
States  according  to  the  returns  last  received  from  the  several  States  and 
Territories.  It  will  be  perceived  that  some  of  these  are  not  of  recent 
dates,  and  that  from  the  States  of  Maryland  and  Delaware  no  returns 
are  stated.  As  far  as  appears  from  our  records,  none  were  ever  rendered 
from  either  of  these  States.  From  the  Territories  of  Orleans,  Louisiana, 
and  Michigan  complete  returns  have  not  yet  been  received. 

TH:  JEFFERSON. 

April  14,  1806. 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

During  the  blockade  of  Tripoli  by  the  squadron  of  the  United  States  a 
small  cruiser,  under  the  flag  of  Tunis,  with  two  prizes,  all  of  trifling  value, 
attempted  to  enter  Tripoli;  was  turned  back,  warned,  and,  attempting 
again  to  enter,  was  taken  and  detained  as  prize  by  the  squadron.  Her  res- 
titution was  claimed  by  the  Bey  of  Tunis  with  a  threat  of  war  in  tenns  so 
serious  that  on  withdrawing  from  the  blockade  of  Tripoli  the  command- 


Thomas  Jefferson  401 

ing  officer  of  the  squadron  thought  it  his  duty  to  repair  to  Tunis  with  his 
squadron  and  to  require  a  categorical  declaration  whether  peace  or  war 
was  intended.  The  Bey  preferred  explaining  himself  by  an  ambassador 
to  the  United  States,  who  on  his  arrival  renewed  the  request  that  the 
vessel  and  her  prizes  should  be  restored.  It  was  deemed  proper  to  give 
this  proof  of  friendship  to  the  Bey,  and  the  ambassador  was  informed  the 
vessels  would  be  restored.  Afterwards  he  made  a  requisition  of  naval 
stores  to  be  sent  to  the  Bey,  in  order  to  secure  a  peace  for  the  term  of 
three  years,  with  a  threat  of  war  if  refused.  It  has  been  refused,  and 
the  ambassador  is  about  to  depart  without  receding  from  his  threat  or 
demand. 

Under  these  circumstances,  and  considering  that  the  several  provisions 
of  the  act  of  March  25,  1804,  will  cease  in  consequence  of  the  ratification 
of  the  treaty  of  peace  with  Tripoli,  now  advised  and  consented  to  by  the 
Senate,  I  have  thought  it  my  duty  to  communicate  these  facts,  in  order 
that  Congress  may  consider  the  expediency  of  continuing  the  same  provi- 
sions for  a  limited  time  or  making  others  equivalent. 

TH:  JEFFERSON. 

April  15,  1806. 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

The  Senate  having  advised  and  consented  to  the  ratification  of  a  treaty 
concluded  with  the  Piankeshaw  Indians  for  extinguishing  their  claim  to 
the  country  between  the  Wabash  and  Kaskaskia  cessions,  it  is  now  laid 
before  both  Houses  for  the  exercise  of  their  constitutional  powers  as  to 
the  means  of  fulfilling  it  on  our  part. 

TH:  JEFFERSON. 

April  17,  1806. 
To  the  Senate  and  House  of  Representatives  of  the  Uriited  States: 

The  Senate  having  advised  and  consented  to  the  ratification  of  a  con- 
vention between  the  United  States  and  the  Cherokee  Indians,  concluded 
at  Washington  on  the  ytli  day  of  January  last,  for  the  cession  of  their 
right  to  the  tract  of  country  therein  described,  it  is  now  laid  before  both 
Houses  of  Congress  for  the  exercise  of  their  constitutional  powers  toward 

the  fulfillment  thereof. 

TH:  JEFFERSON. 

April  18,  1806. 
To  the  Senate  of  the  United  States: 

In  compliance  with  the  request  of  the  Senate  of  yesterday's  date,  I 
now  communicate  the  entire  correspondence  between  the  ambassador  of 
Tunis  and  the  Secretary  of  State,  from  which  the  Senate  will  see  that 
the  first  application  by  the  ambassador  for  restitution  of  the  vessels  taken 

M  P — VOL  I — 26 


402  Messages  and  Papers  of  the  Presidents 

in  violation  of  blockade  having  been  yielded  to,  the  only  remaining 
cause  of  difference  brought  forward  by  him  is  the  requisition  of  a  present 
of  naval  stores  to  secure  a  peace  for  three  years,  after  which  the  infer- 
ence is  obvious  that  a  renewal  of  the  presents  is  to  be  expected  to  renew 
the  prolongation  of  peace  for  another  term.  But  this  demand  has  been 
pressed  in  verbal  conferences  much  more  explicitly  and  pertinaciously 
than  appears  in  the  written  correspondence.  To  save  the  delay  of  copy- 
ing, some  originals  are  inclosed,  with  a  request  that  they  be  returned. 

TH:  JEFFERSON. 

April  19,  1806. 
To  the  Senate  of  the  United  States: 

I  nominate  James  Monroe,  now  minister  plenipotentiary  of  the  United 
States  at  the  Court  of  lyondon,  and  William  Pinkney,  of  Maryland,  to 
be  commissioners  plenipotentiary  and  extraordinary  for  settling  all  mat- 
ters of  difference  between  the  United  States  and  the  United  Kingdoms 
of  Great  Britain  and  Ireland  relative  to  ^vrongs  committed  between  the 
parties  on  the  high  seas  or  other  waters,  and  for  establishing  the  princi- 
ples of  navigation  and  commerce  between  them. 

James  Houston,  of  Maryland,  to  be  judge  of  the  court  of  the  United 
States  for  the  district  of  Maryland. 

Willis  W.  Parker,  of  Virginia,  to  be  collector  of  the  district  and  in- 
spector of  the  revenue  for  the  port  of  South  Quay. 

TH:  JEFFERSON. 


PROCLAMATIONS. 

[From  Annals  of  Congress,  Ninth  Congress,  second  session,  685.] 

By  the  President  of  the  United  States  of  America. 

A  PROCLAMATION. 

Whereas  satisfactory  information  has  been  received  that  Henry  Whitby, 
commanding  a  British  armed  vessel  called  the  Leander,  did  on  the  25th 
day  of  the  month  of  April  last,  within  the  w^aters  and  jurisdiction  of  the 
United  States,  and  near  to  the  entrance  of  the  harbor  of  New  York,  by 
a  cannon  shot  fired  from  the  said  vessel  Leander,  commit  a  murder  on 
the  body  of  John  Pierce,  a  citizen  of  the  United  States,  then  pursuing 
his  lawful  vocation  within  the  same  waters  and  jurisdiction  of  the  United 
States  and  near  to  their  shores;  and  that  the  said  Henry  Whitby  can  not 
at  this  time  be  brought  to  justice  by  the  ordinary  process  of  law;  and 

Whereas  it  does  further  appear  that  both  before  and  after  the  said  day 


Thomas  Jefferson  403 

sundry  trespasses,  wrongs,  and  unlawful  interruptions  and  vexations  on 
trading  vessels  coming  to  the  United  States,  and  within  their  waters  and 
\ncinity,  were  committed  by  the  said  armed  vessel  the  Leander,  her  offi- 
cers and  people;  by  one  other  armed  vessel  called  the  Cambrian,  com- 
manded by  John  Nairne,  her  officers  and  people;  and  by  one  other  armed 
vessel  called  the  Driver,  commanded  by  Slingsby  Simpson,  her  officers 
and  people;  which  vessels,  being  all  of  the  same  nation,  were  aiding  and 
assisting  each  other  in  the  trespasses,  interruptions,  and  vexations  afore- 
said: 

Now,  therefore,  to  the  end  that  the  said  Henry  Whitby  may  be  brought 
to  justice  and  due  punishment  inflicted  for  the  said  murder,  I  do  hereby 
especially  enjoin  and  require  all  officers  having  authority,  civil  or  mili- 
tary, and  all  other  persons  within  the  limits  or  jurisdiction  of  the  United 
States,  wheresoever  the  said  Henry  Whitby  may  be  found,  now  or  here- 
after, to  apprehend  and  secure  the  said  Henry  Whitby,  and  him  safely 
and  diligently  to  deliver  to  the  civil  authority  of  the  place,  to  be  pro- 
ceeded against  according  to  law. 

And  I  do  hereby  further  require  that  the  said  armed  vessel  the  Lean- 
der, with  her  officers  and  people,  and  the  said  armed  vessels  the  Cambrian 
and  Driver,  their  officers  and  people,  immediately  and  without  any  delay 
depart  from  the  harbors  and  waters  of  the  United  States.  And  I  do 
forever  interdict  the  entrance  of  all  other  vessels  which  shall  be  com- 
manded by  the  said  Henry  Whitby,  John  Nairne,  and  Slingsby  Simpson, 
or  either  of  them. 

And  if  the  said  vessels,  or  any  of  them,  shall  fail  to  depart  as  afore- 
said, or  shall  reenter  the  harbors  or  waters  aforesaid,  I  do  in  that  case 
forbid  all  intercourse  with  the  said  armed  vessels  the  Leander,  the  Cam- 
briaji,  and  the  Driver,  or  with  any  of  them,  and  the  officers  and  crews 
thereof,  and  do  prohibit  all  supplies  and  aid  from  being  furnished  them, 
or  any  of  them.  And  I  do  declare  and  make  known  that  if  any  person 
from  or  within  the  jurisdictional  limits  of  the  United  States  shall  afford 
any  aid  to  either  of  the  said  armed  vessels  contrary  to  the  prohibition 
contained  in  this  proclamation,  either  in  repairing  such  vessel  or  in  fur- 
nishing her,  her  officers  or  crew,  with  supplies  of  any  kind  or  in  any 
manner  whatever;  or  if  any  pilot  shall  assist  in  navigating  any  of  the 
said  armed  vessels,  unless  it  be  for  the  purpose  of  carrying  them  in  the 
first  instance  beyond  the  limits  and  jurisdiction  of  the  United  States, 
such  person  or  persons  shall  on  conviction  suffer  all  the  pains  and  pen- 
alties by  the  laws  provided  for  such  offenses.  And  I  do  hereby  enjoin 
and  require  all  persons  bearing  office,  civil  or  military,  within  the  United 
States,  and  all  others  citizens  or  inhabitants  thereof,  or  being  within  the 
same,  with  vigilance  and  promptitude  to  exert  their  respective  authorities 
and  to  be  aiding  and  assisting  to  the  carrying  this  proclamation  and 
every  part  thereof  into  full  effect. 


404  Messages  and  Papers  of  the  Presidents 

In  testimony  whereof  I  have  caused  the  seal  of  the  United- States  to  be 
afl&xed  to  these  presents,  and  signed  the  same  with  my  hand. 
J-  1         Given  at  the  city  of  Washington,  the  3d  day  of  May,  A.  D. 

1806,  and  of  the  Sovereignty  and  Independence  of  the  United 
States  the  thirtieth. 

TH:  JEFFERSON. 
By  the  President: 

James  Madison, 

Secretary  of  State. 


[From  Annals  of  Congress,  Ninth  Congress,  second  session,  686.] 

By  the  President  of  the  United  States  of  America. 
A  proclamation. 

Whereas  information  has  been  received  that  sundry  persons,  citizens 
of  the  United  States  or  residents  within  the  same,  are  conspiring  and 
confederating  together  to  begin  and  set  on  foot,  provide,  and  prepare  the 
means  for  a  miUtary  expedition  or  enterprise  against  the  dominions  of 
Spain;  that  for  this  purpose  they  are  fitting  out  and  arming  vessels  in 
the  western  waters  of  the  United  States,  collecting  provisions,  arms, 
military  stores,  and  means;  are  deceiving  and  seducing  honest  and  well- 
meaning  citizens,  under  various  pretenses,  to  engage  in  their  criminal 
enterprises;  are  organizing,  officering,  and  arming  themselves  for  the 
same,  contrary  to  the  laws  in  such  cases  made  and  provided: 

I  have  therefore  thought  proper  to  issue  this  my  proclamation,  warn- 
ing and  enjoining  all  faithful  citizens  who  have  been  led  without  due 
knowledge  or  consideration  to  participate  in  the  said  unlawful  enterpri.ses 
to  withdraw  from  the  same  without  delay,  and  commanding  all  persons 
whatsoever  engaged  or  concerned  in  the  same  to  cease  all  further  pro- 
ceedings therein,  as  they  will  answer  the  contrary  at  their  peril  and  incur 
prosecution  with  all  the  rigors  of  the  law.  And  I  hereby  enjoin  and 
require  all  officers,  civil  and  military,  of  the  United  States,  or  of  any  of 
the  States  or  Territories,  and  especially  all  governors  and  other  executive 
authorities,  all  judges,  justices,  and.other  officers  of  the  peace,  all  military 
officers  of  the  Army  or  Navy  of  the  United  States,  or  officers  of  the  militia, 
to  1^  vigilant,  each  v.ithin  his  respective  department  and  according  to 
his  functions,  in  searching  out  and  bringing  to  condign  punishment  all 
persons  engaged  or  concerned  in  such  enterprise,  in  seizing  and  detaining, 
subject  to  the  disposition  of  the  law,  all  vessels,  arms,  military  stores,  or 
other  means  provided  or  providing  for  the  same,  and,  in  general,  in  pre- 
venting the  carrying  on  such  expedition  or  enterprise  by  all  lawful  means 
within  their  power;  and  I  require  all  good  and  faithful  citizens  and  others 
within  the  United  States  to  be  aiding  and  assisting  herein,  and  especially 
in  the  discovery,  apprehension,  and  bringing  to  justice  of  all  such  offend- 


Thomas  Jefferson  405 

ers,  in  preventing  the  execution  of  their  unlawful  designs,  and  in  giving 
information  against  them  to  the  proper  authorities. 

In  testimony  whereof  I  have  caused  the  seal  of  the  United  States  to 
be  affixed  to  these  presents,  and  have  signed  the  same  with  ray 
hand. 
[SKAL.]  Given  at  the  city  of  Washington  on  the  27th  day  of  Novem- 
ber, 1806,  and  in  the  year  of  the  Sovereignty  of  the  United 
States  the  thirty-first. 

TH:  JEFFERSON. 
By  the  President: 

James  Madison, 

Secretary  of  State. 


SIXTH  ANNUAL  MESSAGE. 

December  2,  1806. 
To  the  Senate  and  House  of  Representatives  of  the  United  States  of  America 
■in  Congress  assembled: 

It  would  have  given  me,  fellow-citizens,  great  satisfaction  to  announce 
in  the  moment  of  your  meeting  that  the  difficulties  in  our  foreign  rela- 
tions existing  at  the  time  of  your  last  separation  had  been  amicably  and 
justly  terminated.  I  lost  no  time  in  taking  those  measures  which  were 
most  likely  to  bring  them  to  such  a  termination — by  special'  missions 
charged  with  such  powers  and  instructions  as  in  the  event  of  failure 
could  leave  no  imputation  on  either  our  moderation  or  forbearance.  The 
delays  which  have  since  taken  place  in  our  negotiations  with  the  British 
Government  appear  to  have  proceeded  from  causes  which  do  not  forbid 
the  expectation  that  during  the  course  of  the  session  I  may  be  enabled 
to  lay  before  you  their  final  issue.  What  will  be  that  of  the  negotia- 
tions for  settling  our  differences  with  Spain  nothing  which  had  taken 
place  at  the  date  of  the  last  dispatches  enables  us  to  pronounce.  On  the 
western  side  of  the  Mississippi  she  advanced  in  considerable  force,  and 
took  post  at  the  settlement  of  Bayou  Pierre,  on  the  Red  River.  This 
village  was  originally  settled  by  France,  was  held  by  her  as  long  as  she 
held  Louisiana,  and  was  delivered  to  Spain  only  as  a  part  of  Louisiana. 
Being  small,  insulated,  and  distant,  it  was  not  observed  at  the  moment  of 
redelivery  to  France  and  the  United  States  that  she  continued  a  guard 
of  half  a  dozen  men  which  had  been  stationed  there.  A  proposition,  how- 
ever, having  been  lately  made  by  our  commander  in  chief  to  assume  the 
Sabine  River  as  a  temporary  line  of  separation  between  the  troops  of 
the  two  nations  until  the  issue  of  our  negotiations  shall  be  knowTi,  this 
has  been  referred  by  the  Spanish  commandant  to  his  superior,  and  in  the 
meantime  he  has  withdrawn  his  force  to  the  western  side  of  the  Sabine 


4o6  Messages  and  Papers  of  the  Presidents 

River.  The  correspondence  on  this  subject  now  communicated  will 
exhibit  more  particular!}'  the  present  state  of  things  in  that  quarter. 

The  nature  of  that  country  requires  indispensably  that  an  unusual 
proportion  of  the  force  employed  there  should  be  cavalry  or  mounted 
infantry.  In  order,  therefore,  that  the  commanding  ofl&cer  might  be 
enabled  to  act  with  effect,  I  had  authorized  him  to  call  on  the  governors 
of  Orleans  and  Mississippi  for  a  corps  of  500  volunteer  cavalry.  The 
temporary  arrangement  he  has  proposed  may  perhaps  render  this  unnec- 
essary; but  I  inform  you  with  great  pleasiu^e  of  the  promptitude  with 
which  the  inhabitants  of  those  Territories  have  tendered  their  services  in 
defense  of  their  country.  It  has  done  honor  to  themselves,  entitled  them 
to  the  confidence  of  their  fellow-citizens  in  everj'  part  of  the  Union,  and 
must  strengthen  the  general  determination  to  protect  them  eflBcaciously 
under  all  circumstances  which  may  occur. 

Having  received  information  that  in  another  part  of  the  United  States 
a  great  number  of  private  individuals  were  combining  together,  arming 
and  organizing  themselves  contrary  to  law,  to  carry  on  a  military  expedi- 
tion against  the  territories  of  Spain,  I  thought  it  necessary,  by  procla- 
mation as  well  as  by  special  orders,  to  take  measures  for  preventing  and 
suppressing  this  enterprise,  for  seizing  the  vessels,  arms,  and  other  means 
provided  for  it,  and  for  arresting  and  bringing  to  justice  its  authors  and 
abettors.  It  was  due  to  that  good  faith  which  ought  ever  to  be  the  rule 
of  action  in  public  as  well  as  in  private  transactions,  it  was  due  to  good 
order  and  regular  government,  that  while  the  public  force  was  acting 
strictly  on  the  defensive  and  merely  to  protect  our  citizens  from  aggres- 
sion the  criminal  attempts  of  private  individuals  to  decide  for  their 
country  the  question  of  peace  or  war  by  commencing  active  and  unau- 
thorized hostilities  should  be  promptly  and  efl&caciously  suppressed.   ' 

Whether  it  will  be  necessary  to  enlarge  our  regular  force  will  depend 
on  the  result  of  our  negotiations  with  Spain;  but  as  it  is  uncertain  when 
that  result  will  be  known,  the  provisional  measures  requisite  for  that, 
and  to  meet  any  pressure  intervening  in  that  quarter,  will  be  a  subject 
for  your  early  consideration. 

The  possession  of  both  banks  of  the  Mississippi  reducing  to  a  single 
point  the  defense  of  that  river,  its  waters,  and  the  country  adjacent,  it 
becomes  highly  necessary  to  provide  for  that  point  a  more  adequate 
security.  Some  position  above  its  mouth,  commanding  the  passage  of 
the  river,  should  be  rendered  sufi&ciently  strong  to  cover  the  armed  ves- 
sels which  may  be  stationed  there  for  defense,  and  in  conjunction  with 
them  to  present  an  insuperable  obstacle  to  any  force  attempting  to  pass. 
The  approaches  to  the  city  of  New  Orleans  from  the  eastern  quarter 
also  will  require  to  be  examined  and  more  effectually  guarded.  For  the 
internal  support  of  the  country  the  encouragement  of  a  strong  settlement 
on  the  western  side  of  the  Mississippi,  within  reach  of  New  Orleans,  will 
be  worthy  the  consideration  of  the  I^egislature. 


Thomas  Jefferson  407 

The  gunboats  authorized  by  an  act  of  the  last  session  are  so  advanced 
that  they  will  be  ready  for  service  in  the  ensuing  spring.  Circumstances 
permitted  us  to  allow  the  time  necessary  for  their  more  solid  construc- 
tion. As  a  much  larger  number  will  still  be  wanting  to  place  our  sea- 
port towns  and  waters  in  that  state  of  defense  to  which  we  are  competent 
and  they  entitled,  a  similar  appropriation  for  a  further  provision  for  them 
is  recommended  for  the  ensuing  year. 

A  further  appropriation  will  also  be  necessary  for  repairing  fortifi- 
cations already  established  and  the  erection  of  such  other  works  as  may 
have  real  effect  in  obstructing  the  approach  of  an  enemy  to  our  seaport 
towns,  or  their  remaining  before  them. 

In  a  country  whose  constitution  is  derived  from  the  will  of  the  people, 
directly  expressed  by  their  free  suffrages;  where  the  principal  executive 
functionaries  and  those  of  the  legislature  are  renewed  by  them  at  short 
periods;  where  under  the  character  of  jurors  they  exercise  in  person  the 
greatest  portion  of  the  judiciary  powers;  where  the  laws  are  consequently 
so  formed  and  administered  as  to  bear  with  equal  weight  and  favor  on 
all,  restraining  no  man  in  the  pursuits  of  honest  industry  and  securing  to 
everyone  the  property  which  that  acquires,  it  would  not  be  supposed 
that  any  safeguards  could  be  needed  against  insurrection  or  enterprise 
on  the  public  peace  or  authority.  The  laws,  however,  aware  that  these 
should  not  be  trusted  to  moral  restraints  only,  have  wisely  provided  pun- 
ishment for  these  crimes  when  committed.  But  would  it  not  be  salutary 
to  give  also  the  means  of  preventing  their  commission  ?  Where  an  enter- 
prise is  meditated  by  private  individuals  against  a  foreign  nation  in  amity 
with  the  United  States,  powers  of  prevention  to  a  certain  extent  are  given 
by  the  laws.  Would  they  not  be  as  reasonable  and  useful  where  the 
enterprise  preparing  is  against  the  United  States?  While  adverting  to 
this  branch  of  law  it  is  proper  to  observe  that  in  enterprises  meditated 
against  foreign  nations  the  ordinary  process  of  binding  to  the  observance 
of  the  peace  and  good  behavior,  could  it  be  extended  to  acts  to  be  done 
out  of  the  jurisdiction  of  the  United  States,  would  be  effectual  in  some 
cases  where  the  offender  is  able  to  keep  out  of  sight  every  indication  of 
his  purpose  which  could  draw  on  him  the  exercise  of  the  powers  now 
given  by  law. 

The  States  on  the  coast  of  Barbary  seem  generally  disposed  at  present 
to  respect  our  peace  and  friendship;  with  Tunis  alone  some  uncertainty 
remains.  Persuaded  that  it  is  our  interest  to  maintain  our  peace  with 
them  on  equal  terms  or  not  at  all,  I  propose  to  send  in  due  time  a  reen- 
forcement  into  the  Mediterranean  unless  previous  information  shall  shew 
it  to  be  unnecessary. 

We  continue  to  receive  proofs  of  the  growing  attachment  of  our  Indian 
neighbors  and  of  their  disposition  to  place  all  their  interests  under  the 
patronage  of  the  United  States.  These  dispositions  are  inspired  by  their 
confidence  in  our  justice  and  in  the  sincere  concern  we  feel  for  their 


4o8  Messages  and  Papers  of  the  Presidents 

welfare;  and  as  long  as  we  discharge  these  high  and  honorable  functions 
with  the  integrity  and  good  faith  which  alone  can  entitle  us  to  their 
continuance  we  may  expect  to  reap  the  just  reward  in  their  peace  and 
friendship. 

The  expedition  of  Messrs.  L,ewis  and  Clarke  for  exploring  the  river 
Missouri  and  the  best  commtmication  from  that  to  the  Pacific  Ocean  has. 
had  all  the  success  which  could  have  been  expected.  They  have  traced 
the  Missouri  nearly  to  its  source,  descended  the  Columbia  to  the  Pacific 
Ocean,  ascertained  with  accuracy  the  geography  of  that  interesting  com- 
munication across  oiu:  continent,  learnt  the  character  of  the  coimtry, 
of  its  commerce  and  inhabitants;  and  it  is  but  justice  to  say  that  Messrs. 
Lewis  and  Clarke  and  their  brave  companions  have  by  this  arduous  serv- 
ice deserved  well  of  their  country. 

The  attempt  to  explore  the  Red  River,  under  the  direction  of  Mr.  Free- 
man, though  conducted  with  a  zeal  and  prudenqe  meriting  entire  appro- 
bation, has  not  been  equally  successful.  After  proceeding  up  it  about 
600  miles,  nearly  as  far  as  the  French  settlements  had  extended  while  the 
countrj^  was  in  their  possession,  our  geographers  were  obliged  to  return 
without  completing  their  work. 

Very  useful  additions  have  also  been  made  to  our  knowledge  of  the 
Mississippi  by  Lieutenant  Pike,  who  has  ascended  it  to  its  source,  and 
whose  journal  and  map,  giving  the  details  of  his  journey,  will  shortly  be 
ready  for  communication  to  both  Houses  of  Congress.  Those  of  Messrs. 
Lewis,  Clarke,  and  Freeman  will  require  further  time  to  be  digested 
and  prepared.  These  important  sur\^eys,  in  addition  to  those  before  pos- 
sessed, furnish  materials  for  commencing  an  accurate  map  of  the  Missis- 
sippi and  its  western  waters.  Some  principal  rivers,  however,  remain 
still  to  be  explored,  toward  which  the  authorization  of  Congress  by  mod- 
erate appropriations  will  be  requisite. 

I  congratulate  you,  fellow-citizens,  on  the  approach  of  the  period  at 
which  you  may  interpose  your  authority  constitutionally  to  withdraw 
the  citizens  of  the  United  States  from  all  further  participation  in  those 
violations  of  human  rights  which  have  been  so  long  continued  on  the 
unoif ending  inhabitants  of  Africa,  and  which  the  morahty,  tlie  reputa- 
tion, and  the  best  interests  of  our  country  have  long  been  eager  to  pro- 
jicribe.  Although  no  law  you  may  pass  can  take  prohibitory  effect  till 
the  first  day  of  the  year  1808,  yet  the  intervening  period  is  not  too  long 
to  prevent  by  timely  notice  expeditions  which  can  not  be  completed 
before  that  day. 

The  receipts  at  the  Treasmy  dining  the  year  ending  on  the  30th  day 
of  September  last  have  amounted  to  near  $15,000,000,  which  have  enabled 
us,  after  meeting  the  current  demands,  to  pay  $2,700,000  of  the  American 
claims  in  part  of  the  price  of  Louisiana;  to  pay  of  the  funded  debt  upward 
of  three  millions  of  principal  and  nearly  four  of  interest,  and,  in  addition, 
to  reimburse  in  the  course  of  the  present  month  near  two  millions  of  5^ 


Thomas  Jefferson  409 

per  cent  stock.  These  payments  and  reimbursements  of  the  funded  debt, 
with  those  which  had  been  made  in  the  four  years  and  a  half  preceding, 
will  at  the  close  of  the  present  year  have  extinguished  upward  of  twenty- 
three  millions  of  principal. 

The  duties  composing  the  Mediterranean  fund  will  cease  by  law  at  the 
end  of  the  present  session.  Con.sidering,  however,  that  they  are  levied 
chiefly  on  luxuries  and  that  we  have  an  impost  on  salt,  a  necessary  of 
life,  the  free  use  of  which  otherwise  is  so  important,  I  recommend  to 
your  consideration  the  suppression  of  the  duties  on  salt  and  the  continua- 
tion of  the  Mediterranean  fund  instead  thereof  for  a  short  time,  after 
which  that  also  will  become  unnecessary  for  any  purpose  now  within 
contemplation. 

When  both  of  these  branches  of  revenue  shall  in  this  way  be  relin- 
quished there  will  still  ere  long  be  an  accumulation  of  moneys  in  the 
Treasury  beyond  the  installments  of  public  debt  which  we  are  permitted 
by  contract  to  pay.  They  can  not  then,  without  a  modification  assented 
to  by  the  public  creditors,  be  applied  to  the  extinguishment  of  this  debt 
and  the  complete  liberation  of  our  revenues,  the  most  desirable  of  all 
objects.  Nor,  if  our  peace  continues,  will  they  be  wanting  for  any  other 
existing  purpose.  The  question  therefore  now  comes  forward,  To  what 
other  objects  shall  these  surpluses  be  appropriated,  and  the  whole  surplus 
of  impost,  after  the  entire  discharge  of  the  public  debt,  and  during  those 
intervals  when  the  purposes  of  war  shall  not  call  for  them?  Shall  we 
suppress  the  impost  and  give  that  advantage  to  foreign  over  domestic 
manufactures?  On  a  few  articles  of  more  general  and  necessary  use  the 
suppression  in  due  season  will  doubtless  be  right,  but  the  great  mass  of 
the  articles  on  which  impost  is  paid  are  foreign  luxuries,  purchased  by 
those  only  who  are  rich  enough  to  afford  themselves  the  use  of  them. 
Their  patriotism  would  certainly  prefer  its  continuance  and  application 
to  the  great  purposes  of  the  public  education,  roads,  rivers,  canals,  and 
such  other  objects  of  public  improvement  as  it  may  be  thought  proper  to 
add  to  the  constitutional  enumeration  of  Federal  powers.  By  these  opera- 
tions new  channels  of  communication  will  be  opened  between  the  States, 
the  lines  of . separation  will  disappear,  their  interests  will  be  identified, 
and  their  union  cemented  by  new  and  indissoluble  ties.  Education  is 
here  placed  among  the  articles  of  public  care,  not  that  it  would  be  pro- 
posed to  take  its  ordinary  branches  out  of  the  hands  of  private  enter- 
prise, which  manages  so  much  better  all  the  concerns  to  which  it  is  equal, 
but  a  public  institution  can  alone  supply  those  sciences  which  though 
rarely  called  for  are  yet  necessary  to  complete  the  circle,  all  the  parts  of 
which  contribute  to  the  improvement  of  the  country  and  some  of  them 
to  its  preservation.  The  subject  is  now  proposed  for  the  consideration 
of  Congress,  because  if  approved  by  the  time  the  State  legislatures  shall 
have  deliberated  on  this  extension  of  the  Federal  trusts,  and  the  laws 
shall  be  passed  and  other  arrangements  made  for  their  execution,  the 


4IO  Messages  and  Papers  of  the  Presidents 

necessary  funds  will  be  on  hand  and  without  employment.  I  suppose 
an  amendment  to  the  Constitution,  by  consent  of  the  States,  necessary, 
because  the  objects  now  recommended  are  not  among  those  enumerated 
in  the  Constitution,  and  to  which  it  permits  the  public  moneys  to  be 
applied. 

The  present  consideration  of  a  national  establishment  for  education 
particularly  is  rendered  proper  by  this  circumstance  also,  that  if  Congress, 
approving  the  proposition,  shall  yet  think  it  more  eligible  to  found  it  on 
a  donation  of  lands,  they  have  it  now  in  their  power  to  endow  it  with 
those  which  will  be  among  the  earliest  to  produce  the  necessary  income. 
This  foundation  would  have  the  advantage  of  being  independent  of  war, 
which  may  suspend  other  improvements  by  requiring  for  its  own  purposes 
the  resources  destined  for  them. 

This,  fellow-citizens,  is  the  state  of  the  public  interests  at  the  present 
moment  and  according  to  the  information  now  possessed.  But  such  is 
the  situation  of  the  nations  of  Europe  and  such,  too,  the  predicament  in 
which  we  stand  with  some  of  them  that  we  can  not  rely  with  certainty  on 
the  present  aspect  of  our  affairs,  that  may  change  from  moment  to  mo- 
ment during  the  course  of  your  seasion  or  after  j^ou  shall  have  separated. 
Our  duty  is,  therefore,  to  act  upon  things  as  they  are  and  to  make  a  rea- 
sonable provision  for  whatever  they  may  be.  Were  armies  to  be  raised 
whenever  a  speck  of  war  is  visible  in  our  horizon,  we  never  should  have 
been  without  them.  Our  resources  would  have  been  exhausted  on  dan- 
gers which  hav'C  never  happened,  instead  of  being  reserved  for  what  is 
really  to  take  place.  A  steady,  perhaps  a  quickened,  pace  in  preparations 
for  the  defense  of  our  seaport  towns  and  waters;  an  early  settlement  of 
the  most  exposed  and  vulnerable  parts  of  our  country;  a  militia  so  organ- 
ized that  its  effective  portions  can  be  called  to  any  point  in  the  Union,  or 
volunteers  instead  of  them  to  serve  a  sufficient  time,  are  means  which 
may  always  be  ready,  yet  never  preying  on  our  resources  until  actually 
called  into  use.  They  will  maintain  the  public  interests  while  a  more 
permanent  force  shall  be  in  course  of  preparation.  But  much  will  depend 
on  the  promptitude  with  which  these  means  can  be  brought  into  activity. 
If  war  be  forced  upon  us,  in  spite  of  our  long  and  vain  appeals  to  the  jus- 
tice of  nations,  rapid  and  vigorous  movements  in  its  outset  will  go  far 
toward  securing  us  in  its  course  and  issue,  and  toward  throwing  its  bur- 
thens on  those  who  render  necessary  the  resort  from  reason  to  force. 

The  result  of  our  negotiations,  or  such  incidents  in  their  course  as  may 
enable  us  to  infer  their  probable  issue;  such  further  movements  also  on 
our  western  frontiers  as  may  shew  whether  war  is  to  be  pressed  there 
while  negotiation  is  protracted  elsewhere,  shall  be  communicated  to  you 
from  time  to  time  as  they  become  known  to  me,  with  whatever  other 
information  I  possess  or  may  receive,  which  may  aid  your  deliberations 
on  the  great  national  interests  committed  to  your  charge. 

TH:  JEFFERSON. 


Thomas  Jefferson  411 


SPECIAL  MESSAGES. 

December  3,  1806. 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

I  have  the  satisfaction  to  inform  you  that  the  negotiation  depending 
between  the  United  States  and  the  Government  of  Great  Britain  is  pro- 
ceeding in  a  spirit  of  friendship  and  accommodation  which  promises  a 
result  of  mutual  advantage.  Delays,  indeed,  have  taken  place,  occasioned 
by  the  long  illness  and  subsequent  death  of  the  British  minister  charged 
with  that  duty.  But  the  commissioners  appointed  by  that  Government 
to  resume  the  negotiation  have  shewn  every  disposition  to  hasten  its 
progress.  It  is,  however,  a  work  of  time,  as  many  arrangements  are 
necessary  to  place  our  future  harmony  on  stable  grounds.  In  the  mean- 
time we  find  by  the  communications  of  our  plenipotentiaries  that  a  tem- 
porary su.spension  of  the  act  of  the  last  session  prohibiting  certain 
importations  would,  as  a  mark  of  candid  disposition  on  our  part  and  of 
confidence  in  the  temper  and  views  with  which  they  have  been  met,  have 
a  happy  effect  on  its  course.  A  step  so  friendly  will  afford  further  evi- 
dence that  all  our  proceedings  have  flowed  from  views  of  justice  and 
conciliation,  and  that  we  give  them  willingly  that  form  which  may  best 
meet  corresponding  dispositions. 

Add  to  this  that  the  same  motives  which  produced  the  postponement 
of  the  act  till  the  15  th  of  November  last  are  in  favor  of  its  further  sus- 
pension, and  as  we  have  reason  to  hope  that  it  may  soon  yield  to  arrange- 
ments of  mutual  consent  and  convenience,  justice  seems  to  require  that  the 
same  measure  may  be  dealt  out  to  the  few  cases  which  may  fall  within 
its  short  course  as  to  all  others  preceding  and  following  it.  I  can  not, 
therefore,  but  recommend  the  suspension  of  this  act  for  a  reasonable  time, 
on  considerations  of  justice,  amity,  and  the  public  interests. 

TH:  JEFFERSON. 

December  15,  1806. 
To  the  House  of  Representatives  of  the  United  States: 

I  lay  before  Congress  a  report  of  the  surveyor  of  the  public  buildings, 
stating  the  progress  made  on  them  during  the  last  season  and  what  is 
proposed  for  the  ensuing  one. 

I  took  every  measure  within  my  power  for  carrying  into  effect  the 
request  of  the  House  of  Representatives  of  the  1 7th  of  April  last  to  cause 
the  south  wing  of  the  Capitol  to  be  prepared  for  their  accommodation 
by  the  commencement  of  the  present  session.  With  great  regret  I  found 
it  was  not  to  be  accomplished.  The  quantity  of  freestone  necessary, 
with  the  size  and  quality  of  many  of  the  blocks,  was  represented  as 


4ia  Messages  and  Papers  of  the  Presidents 

beyond  what  could  be  obtained  from  the  quarries  by  any  exertions  which 
could  be  commanded.  The  other  parts  of  the  work,  which  might  all 
have  been  completed  in  time,  were  necessarily  retarded  by  the  insuffi- 
cient progress  of  the  stonework. 

TH:  JEFFERSON. 


January  5,  1807. 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

I  transmit  to  each  House  of  Congress  a  copy  of  the  laws  of  the  Terri- 
tory of  Michigan  passed  by  the  governor  and  judges  of  the  Territory 
during  the  year  1805. 

TH:  JEFFERSON. 

January  22,  1807. 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

Agreeably  to  the  request  of  the  House  of  Representatives  communi- 
cated in  their  resolution  of  the  i6th  instant,  I  proceed  to  state,  under  the 
reserve  therein  expressed,  information  received  touching  an  illegal  combi- 
nation of  private  indi\dduals  against  the  peace  and  safety  of  the  Union, 
and  a  military  expedition  planned  by  them  against  the  territories  of  a 
power  in  amity  with  the  United  States,  with  the  measures  I  have  pur- 
sued for  suppressing  the  same. 

I  had  for  some  time  been  in  the  constant  expectation  of  receiving  such 
further  information  as  would  have  enabled  me  to  lay  before  the  Legisla- 
ture the  termination  as  well  as  the  beginning  and  progress  of  this  scene 
of  depravity  so  far  as  it  has  been  acted  on  the  Ohio  and  its  waters.  From 
this  the  state  of  safety  of  the  lower  country  might  have  been  estimated 
on  probable  grounds,  and  the  delay  was  indulged  the  rather  because  no 
circumstance  had  yet  made  it  necessary  to  call  in  the  aid  of  the  legisla- 
tive functions.  Information  now  recently  communicated  has  brought  us 
nearly  to  the  period  contemplated.  The  mass  of  what  I  have  received  in 
the  course  of  these  transactions  is  voluminous,  but  little  has  been  given 
under  the  sanction  of  an  oath  so  as  to  constitute  formal  and  legal  evi- 
dence. It  is  chiefly  in  the  form  of  letters,  often  containing  such  a  mix- 
ture of  rumors,  conjectures,  and  suspicions  as  renders  it  difficult  to  sift 
out  the  real  facts  and  unadvisable  to  hazard  more  than  general  outlines, 
strengthened  by  concturent  information  or  the  particular  credibility  of  the 
relator.  In  this  state  of  the  evidence,  delivered  sometimes,  too,  under 
the  restriction  of  private  confidence,  neither  safety  nor  justice  will  permit 
the  exposing  names,  except  that  of  the  principal  actor,  whose  guilt  is 
placed  beyond  question. 

Some  time  in  the  latter  part  of  September  I  received  intimations  that 
designs  were  in  agitation  in  the  Western  country  unlawful  and  unfriendly 
to  the  peace  of  the  Union,  and  that  the  prime  mover  in  these  was  Aaron 


Thomas  Jefferson  413 

Burr,  heretofore  distinguished  by  the  favor  of  his  country.  The  grounds 
of  these  intimations  being  inconclusive,  the  objects  uncertain,  and  the 
fideHty  of  that  country  known  to  be  firm,  the  only  measure  taken  was  to 
urge  the  informants  to  use  their  best  endeavors  to  get  further  insight  into 
the  designs  and  proceedings  of  the  suspected  persons  and  to  commimicate 
them  to  me. 

It  was  not  till  the  latter  part  of  October  that  the  objects  of  the  con- 
spiracy began  to  be  perceived,  but  still  so  blended  and  involved  in  mystery 
that  nothing  distinct  could  be  singled  out  for  pm-suit.  In  this  state  of 
uncertainty  as  to  the  crime  contemplated,  the  acts  done,  and  the  legal 
course  to  be  pursued,  I  thought  it  best  to  send  to  the  scene  where  these 
things  were  principally  in  transaction  a  person  in  whose  integrity,  under- 
standing, and  discretion  entire  confidence  could  be  reposed,  with  instruc- 
tions to  investigate  the  plots  going  on,  to  enter  into  conference  (for  which 
he  had  sufficient  credentials)  with  the  governors  and  all  other  officers,  civil 
and  military,  and  with  their  aid  to  do  on  the  spot  whatever  shotdd  be 
necessary  to  discover  the  designs  of  the  conspirators,  arrest  their  means, 
bring  their  persons  to  punishment,  and  to  call  out  the  force  of  the  coun- 
try to  suppress  any  unlawful  enterprise  in  which  it  should  be  found  they 
were  engaged.  By  this  time  it  was  known  that  many  boats  were  under 
preparation,  stores  of  provisions  collecting,  and  an  unusual  number  of 
suspicious  characters  in  motion  on  the  Ohio  and  its  waters.  Besides 
dispatching  the  confidential  agent  to  that  quarter,  orders  were,  at  the  same 
time  sent  to  the  governors  of  the  Orleans  and  Mississippi  Territories  and 
to  the  commanders  of  the  land  and  naval  forces  there  to  be  on  their  guard 
against  surprise  and  in  constant  readiness  to  resist  any  enterprise  which 
might  be  attempted  on  the  vessels,  posts,  or  other  objects  under  their 
care;  and  on  the  8th  of  November  instructions  were  forwarded  to  Gen- 
eral Wilkinson  to  hasten  an  accommodation  with  the  Spanish  command- 
ant on  the  Sabine,  and  as  soon  as  that  was  effected  to  fall  back  with  his 
principal  force  to  the  hither  bank  of  the  Mississippi  for  the  defense  of 
the  interesting  points  on  that  river.  By  a  letter  received  from  that 
officer  on  the  25th  of  November,  but  dated  October  2 1 ,  we  learnt  that  a 
confidential  agent  of  Aaron  Burr  had  been  deputed  to  him  with  commu- 
nications, partly  written  in  cipher  and  partly  oral,  explaining  his  designs, 
exaggerating  his  resources,  and  making  such  offers  of  emolument  and 
command  to  engage  him  and  the  army  in  his  unlawful  enterprise  as  he 
had  flattered  himself  would  be  successful.  The  General,  with  the  honor 
of  a  soldier  and  fidelity  of  a  good  citizen,  immediately  dispatched  a  trusty 
officer  to  me  with  information  of  what  had  passed,  proceeding  to  establish 
such  an  understanding  with  the  Spanish  commandant  on  the  Sabine  as 
permitted  him  to  withdraw  his  force  across  the  Mississippi  and  to  enter 
on  measures  for  opposing  the  projected  enterprise. 

The  General's  letter,  which  came  to  hand  on  the  25th  of  November,  as 
has  been  mentioned,  and  some  other  information  received  a  few  days 


414  Messages  and  Papers  of  the  Presidents 

earlier,  when  brought  together  developed  Burr's  general  designs,  dif- 
ferent parts  of  which  only  had  been  revealed  to  different  informants. 
It  appeared  that  he  contemplated  two  distinct  objects,  which  might  be 
carried  on  either  jointly  or  separately,  and  either  the  one  or  the  other 
first,  as  circumstances  should  direct.  One  of  these  was  the  severance  of 
the  Union  of  these  States  by  the  Alleghany  Mountains;  the  other  an 
attack  on  Mexico.  A  third  object  was  provided,  merely  ostensible,  to 
wit,  the  settlement  of  a  pretended  purchase  of  a  tract  of  country  on  the 
Washita  claimed  by  a  Baron  Bastrop.  This  was  to  serve  as  the  pre- 
text for  all  his  preparations,  an  allurement  for  such  followers  as  really 
wished  to  acquire  settlements  in  that  country  and  a  cover  under  which 
to  retreat  in  the  event  of  a  final  discomfiture  of  both  branches  of  his  real 
design. 

He  found  at  once  that  the  attachment  of  the  Western  country'  to  the 
present  Union  was  not  to  be  shaken;  that  its  dissolution  could  not  be 
effected  with  the  consent  of  its  inhabitants,  and  that  his  resources  were 
inadequate  as  yet  to  effect  it  by  force.  He  took  his  course  then  at  once, 
determined  to  seize  on  New  Orleans,  plunder  the  bank  there,  possess 
himself  of  the  military  and  naval  stores,  and  proceed  on  his  expedition 
to  Mexico,  and  to  this  object  all  his  means  and  preparations  were  now 
directed.  He  collected  from  all  the  quarters  where  himself  or  his  agents 
possessed  influence  all  the  ardent,  restless,  desperate,  and  disaffected  per- 
sons who  were  ready  for  any  enterprise  analogous  to  their  characters. 
He  seduced  good  and  well-meaning  citizens,  some  by  assurances  that  he 
possessed  the  confidence  of  the  Government  and  was  acting  under  its 
secret  patronage,  a  pretense  which  procured  some  credit  from  the  state 
of  our  differences  with  Spain,  and  others  by  offers  of  land  in  Bastrop's 
claim  on  the  Washita. 

This  was  the  state  of  my  information  of  his  proceedings  about  the  last 
of  November,  at  which  time,  therefore,  it  was  first  possible  to  take  spe- 
cific measures  to  meet  them.  The  proclamation  of  November  27,  two 
days  after  the  receipt  of  General  Wilkinson's  information,  was  now 
issued.  Orders  were  dispatched  to  every  interesting  point  on  the  Ohio 
and  Mississippi  from  Pittsburg  to  New  Orleans  for  the  employment  of 
such  force  either  of  the  regulars  or  of  the  militia  and  of  such  proceedings 
also  of  the  civil  authorities  as  might  enable  them  to  seize  on  all  the  boats 
and  stores  provided  for  the  enterprise,  to  arrest  the  persons  concerned, 
and  to  suppress  effectually  the  further  progress  of  the  enterprise.  A  little 
before  the  receipt  of  these  orders  in  the  State  of  Ohio  our  confidential 
agent,  who  had  been  diligently  employed  in  investigating  the  conspiracy, 
had  acquired  sufficient  information  to  open  himself  to  the  governor  of 
that  State  and  apply  for  the  immediate  exertion  of  the  authority  and 
power  of  the  State  to  crush  the  combination.  Governor  Tiffin  and  the 
legislature,  with  a  promptitude,  an  energy,  and  patriotic  zeal  which  enti- 
tle them  to  a  distinguished  place  in  the  affection  of  their  sister  States, 


Thomas  Jefferson  415 

effected  the  seizure  of  all  the  boats,  provisions,  and  other  preparations 
within  their  reach,  and  thus  gave  a  first  blow,  materially  disabling  the 
enterprise  in  its  outset. 

In  Kentucky  a  premature  attempt  to  bring  Burr  to  justice  without 
sufficient  evidence  for  his  conviction  had  produced  a  popular  impression 
in  his  favor  and  a  general  disbelief  of  his  guilt.  This  gave  him  an  unfor- 
tunate opportunity  of  hastening  his  equipments.  The  arrival  of  the 
proclamation  and  orders  and  the  application  and  information  of  our  con- 
fidential agent  at  length  awakened  the  authorities  of  that  State  to  the 
truth,  and  then  produced  the  same  promptitude  and  energy  of  which  the 
neighboring  State  had  set  the  example.  Under  an  act  of  their  legisla- 
ture of  December  23  militia  was  instantly  ordered  to  different  important 
points,  and  measures  taken  for  doing  whatever  could  yet  be  done.  Some 
boats  (accounts  vary  from  five  to  double  or  treble  that  number)  and  per- 
sons (differently  estimated  from  100  to  300)  had  in  the  meantime  passed 
the  Falls  of  Ohio  to  rendezvous  at  the  mouth  of  Cumberland  with  others 
expected  down  that  river. 

Not  apprised  till  very  late  that  any  boats  were  building  on  Cumber- 
land, the  effect  of  the  proclamation  had  been  trusted  to  for  some  time  in 
the  State  of  Tennessee;  but  on  the  19th  of  December  similar  communi- 
cations and  instructions  with  those  to  the  neighboring  States  were  dis- 
patched by  express  to  the  governor  and  a  general  officer  of  the  western 
division  of  the  State,  and  on  the  23d  of  December  our  confidential  agent 
left  Frankfort  for  Nashville  to  put  into  activity  the  means  of  that  State 
also.  But  by  information  received  yesterday  I  learn  that  on  the  2 2d  of 
December  Mr.  Burr  descended  the  Cumberland  with  two  boats  merely  of 
accommodation,  carrying  with  him  from  that  State  no  quota  toward  his 
unlawful  enterprise.  Whether  after  the  arrival  of  the  proclamation,  of  the 
orders,  or  of  our  agent  any  exertion  which  could  be  made  by  that  State 
or  the  orders  of  the  governor  of  Kentucky  for  calling  out  the  militia  at 
the  mouth  of  Cumberland  would  be  in  time  to  arrest  these  boats  and  those 
from  the  Falls  of  Ohio  is  still  doubtful. 

On  the  whole,  the  fugitives  from  the  Ohio,  wth  their  associates  from 
Cumberland  or  any  other  place  in  that  quarter,  can  not  threaten  serious 
danger  to  the  city  of  New  Orleans. 

By  the  same  express  of  December  19  orders  were  sent  to  the  govern- 
ors of  Orleans  and  Mississippi,  supplementary  to  those  which  had  been 
given  on  the  25th  of  November,  to  hold  the  militia  of  their  Territories  in 
readiness  to  cooperate  for  their  defense  with  the  regular  troops  and  armed 
vessels  then  under  command  of  General  Wilkinson.  Great  alarm,  indeed, 
was  excited  at  New  Orleans  by  the  exaggerated  accounts  of  Mr.  Burr, 
disseminated  through  his  emissaries,  of  the  armies  and  naxnes  he  was  to 
assemble  there.  General  Wilkinson  had  arrived  there  himself  on  the 
24th  of  November,  and  had  immediately  put  into  activity  the  resources 
of  the  place  for  the  purpose  of  its  defense,  and  on  the  loth  of  December 


4i6  Messages  and  Papers  of  the  Presidents 

he  was  joined  by  his  troops  from  the  Sabine.  Great  zeal  was  shewn  by 
the  inhabitants  generally,  the  merchants  of  the  place  readily  agreeing  to 
the  most  laudable  exertions  and  sacrifices  for  manning  the  armed  vessels 
with  their  seamen,  and  the  other  citizens  manifesting  unequivocal  fidelity 
to  the  Union  and  a  spirit  of  determined  resistance  to  their  expected  as- 
sailants. 

Surmises  have  been  hazarded  that  this  enterprise  is  to  receive  aid  from 
certain  foreign  powers;  but  these  surmises  are  without  proof  or  proba- 
bility. The  wisdom  of  the  measures  sanctioned  by  Congress  at  its  last 
session  has  placed  us  in  the  paths  of  peace  and  justice  with  the  only 
powers  with  whom  we  had  any  differences,  and  nothing  has  happened 
since  which  makes  it  either  their  interest  or  ours  to  pursue  another  course. 
No  change  of  measures  has  taken  place  on  our  part;  none  ought  to  take 
place  at  this  time.  With  the  one,  friendly  arrangement  was  then  pro- 
posed, and  the  law  deemed  necessary  on  the  failure  of  that  was  suspended 
to  give  time  for  a  fair  trial  of  the  issue.  With  the  same  power  friendly 
arrangement  is  now  proceeding  under  good  expectations,  and  the  same 
law  deemed  necessary  on  failure  of  that  is  still  suspended,  to  give  time 
for  a  fair  trial  of  the  issue.  With  the  other,  negotiation  was  in  like  man- 
ner then  preferred,  and  provisional  measures  only  taken  to  meet  the 
event  of  rupture.  With  the  same  power  negotiation  is  still  preferred, 
and  provisional  measures  only  are  necessary  to  meet  the  event  of  rupture. 
While,  therefore,  we  do  not  deflect  in  the  slightest  degree  from  the  course 
we  then  assumed  and  are  still  pursuing  with  mutual  consent  to  restore  a 
good  understanding,  we  are  not  to  impute  to  them  practices  as  irreconcil- 
able to  interest  as  to  good  faith,  and  changing  necessarily  the  relations  of 
peace  and  justice  between  us  to  those  of  war.  These  surmises  are  there- 
fore to  be  imputed  to  the  vauntings  of  the  author  of  this  enterprise 
to  multiply  his  partisans  by  magnifying  the  belief  of  his  prospects  and 
support. 

By  letters  from  General  Wilkinson  of  the  14th  and  i8th  of  December, 
which  came  to  hand  two  days  after  the  date  of  the  resolution  of  the  House 
of  Representatives — that  is  to  say,  on  the  morning  of  the  i8th  instant — 
I  received  the  important  afiidavit  a  copy  of  which  I  now  communicate, 
with  extracts  of  so  much  of  the  letters  as  comes  within  the  scope  of  the 
resolution.  By  these  it  will  be  seen  that  of  three  of  the  principal  emis- 
saries of  Mr.  Burr  whom  the  General  had  caused  to  be  apprehended, 
one  had  been  liberated  by  habeas  corpus,  and  two  others,  being  those 
particularly  employed  in  the  endeavor  to  corrupt  the  general  and  army 
of  the  United  States,  have  been  embarked  by  him  for  ports  in  the  Atlan- 
tic States,  probably  on  the  consideration  that  an  impartial  trial  could 
not  be  expected  during  the  present  agitations  of  New  Orleans,  and  that 
that  city  was  not  as  yet  a  safe  place  of  confinement.  As  soon  as  these 
pensons  shall  arrive  they  will  be  delivered  to  the  custody  of  the  law 
and  left  to  such  course  of  trial,  both  as  to  place  and  process,  as  its  func- 


Thomas  Jefferson  \i'j 

tionaries  may  direct.  The  presence  of  the  highest  judicial  authorities, 
to  be  assembled  at  this  place  within  a  few  days,  the  means  of  pursuing  a 
sounder  course  of  proceedings  here  than  elsewhere,  and  the  aid  of  the 
Executive  means,  should  the  judges  have  occasion  to  use  them,  render  it 
equally  desirable  for  the  criminals  as  for  the  public  that,  being  already 
removed  from  the  place  where  they  were  first  apprehended,  the  first  reg- 
ular arrest  should  take  place  here,  and  the  course  of  proceedings  receive 
here  its  proper  direction. 

TH:  JEFFERSON. 

January  26,  1807. 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

I  received  from  General  Wilkinson  on  the  23d  instant  his  affidavit 
charging  Samuel  Swartwout,  Peter  V.  Ogden,  and  James  Alexander 
with  the  crimes  described  in  the  affidavit  a  copy  of  which  is  now  com- 
municated to  both  Houses  of  Congress. 

It  was  announced  to  me  at  the  same  time  that  Swartwout  and  Bollman, 
two  of  the  persons  apprehended  by  him,  were  arrived  in  this  city  in  cus- 
tody each  of  a  military  officer.  I  immediately  delivered  to  the  attorney 
of  the  United  States  in  this  district  the  evidence  received  against  them, 
with  instructions  to  lay  the  same  before  the  judges  and  apply  for  their 
process  to  bring  the  accused  to  justice,  and  put  into  his  hands  orders  to 
the  officers  having  them  in  custody  to  deliver  them  to  the  marshal  on 

his  application. 

TH:  JEFFERSON, 

January  27,  1807. 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

I  now  render  to  Congress  the  account  of  the  fund  established  for 
defraying  the  contingent  expenses  of  Government  for  the  year  1806. 
No  occasion  having  arisen  for  making  use  of  any  part  of  the  balance  of 
$18,012.50,  unexpended  on  the  31st  day  of  December,  1805,  that  balance 

remains  in  the  Treasury. 

TH:  JEFFERSON. 

January  28,  1807. 
To  the  Senate  and  House  of  Representatives  of  the  Uftited  States: 

By  the  letters  of  Captain  Bissel,  who  commands  at  Fort  Massac,  and 
of  Mr.  Murrell,  to  General  Jackson,  of  Tennessee,  copies  of  which  are. 
now  communicated  to  Congress,  it  will  be  seen  that  Aaron  Burr  passed 
Fort  Massac  on  the  31st  December  with  about  ten  boats,  na\4gated  by 
about  six  hands  each,  without  any  military  appearance,  and  that  three 
boats  with  ammunition  were  said  to  have  been  arrested  by  the  militia  at 
Louisville. 

M  P — voiv  I — 27 


4i8  Messages  and  Papers  of  the  Presidents 

As  the  guards  of  militia  posted  on  various  points  of  the  Ohio  will  be 

able  to  prevent  any  further  aids  passing  through  that  channel,  should  any 

be  attempted,  we  may  now  estimate  with  tolerable  certainty  the  means 

derived  from  the  Ohio  and  its  waters  toward  the  accompUshment  of  the 

purposes  of  Mr.  Burr. 

TH:  JEFFERSON. 

January  31,  1807. 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

In  execution  of  the  act  of  the  last  session  of  Congress  entitled  "An 
act  to  regulate  the  laying  out  and  making  a  road  from  Cumberland,  in 
the  State  of  Maryland,  to  the  State  of  Ohio,"  I  appointed  Thomas 
Moore,  of  Maryland;  Joseph  Kerr,  of  Ohio,  and  Eli  Williams,  of  Mary- 
land, commissioners  to  lay  out  the  said  road,  and  to  perform  the  other 
duties  assigned  to  them  by  the  act.  The  progress  which  they  made  in 
the  execution  of  the  work  during  the  last  season  will  appear  in  their 
report  now  communicated  to  Congress.  On  the  receipt  of  it  I  took 
measures  to  obtain  consent  for  making  the  road  of  the  States  of  Penn- 
sylvania, Maryland,  and  Virginia,  through  which  the  commissioners  pro- 
posed to  lay  it  out.  I  have  received  acts  of  the  legislatures  of  Maryland 
and  Virginia  giving  the  consent  desired;  that  of  Pennsylvania  has  the 
subject  still  under  consideration,  as  is  supposed.  Until  I  receive  full 
consent  to  a  free  choice  of  route  through  the  whole  distance  I  have 
thought  it  safest  neither  to  accept  nor  reject  finally  the  partial  report  of 
the  commissioners.  Some  matters  suggested  in  the  report  belong  exclu- 
sively to  the  I^egislature. 

TH:  JEFFERSON. 

February  6,  1807. 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

I  lay  before  Congress  the  laws  for  the  government  of  I^ouisiana,  passed 
by  the  governor  and  judges  of  the  Indiana  Territory  at  their  session  at 
Vincennes  begun  on  the  ist  of  October,  1804. 

TH:  JEFFERSON. 

February  6,  1807. 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

The  Government  of  France  having  examined  into  the  claim  of  M.  de 
Beaumarchais  against  the  United  States,  and  considering  it  as  just  and 
legal,  has  instructed  its  minister  here  to  make  representations  on  the 
subject  to  the  Government  of  the  United  States.  I  now  lay  his  memoir 
thereon  before  the  Legislature,  the  only  authority  competent  to  a  final 
decision  on  the  same. 

TH:  JEFFERSON. 


Thomas  Jefferson  419 

February  10,  1807. 

To  the  Senate  and  House  of  Representatives  of  the  United  States: 

I  communicate,  for  the  information  of  Congress,  a  letter  from  Cowles 

Mead,  secretary  of  the  Mississippi  Territory,  to  the  Secretary  of  War,  by 

which  it  will  be  seen  that  Mr.  Burr  had  reached  that  neighborhood  on 

the  1 3th  of  January, 

TH:  JEFFERSON. 


February  10,  1807. 

To  the  Senate  and  House  of  Representatives  of  the  United  States: 

In  compliance  with  the  request  of  the  House  of  Representatives 
expressed  in  their  resolution  of  the  5th  instant,  I  proceed  to  give  such 
information  as  is  possessed  of  the  effect  of  gunboats  in  the  protection  and 
defense  of  harbors,  of  the  numbers  thought  necessary,  and  of  the  proposed 
distribution  of  them  among  the  ports  and  harbors  of  the  United  States. 

Under  present  circumstances,  and  governed  by  the  intentions  of  the 
Legislature  as  manifested  by  their  annual  appropriations  of  money  for 
the  purposes  of  defense,  it  has  been  concluded  to  combine,  first,  land 
batteries  furnished  with  heavy  cannon  and  mortars,  and  established  on  all 
the  points  around  the  place  favorable  for  preventing  vessels  from  lying 
before  it;  second,  movable  artillery,  which  may  be  carried,  as  occasion 
may  require,  to  points  unprovided  with  fixed  batteries;  third,  floating 
batteries,  and  fourth,  gunboats  which  may  oppose  an  enemy  at  his 
entrance  and  cooperate  with  the  batteries  for  his  expulsion. 

On  this  subject  professional  men  were  consulted  as  far  as  we  had 
opportunity.  General  Wilkinson  and  the  late  General  Gates  gave  their 
opinions  in  writing  in  favor  of  the  system,  as  will  be  seen  by  their  let- 
ters now  communicated.  The  higher  officers  of  the  Navy  gave  the  same 
opinions  in  separate  conferences,  as  their  presence  at  the  seat  of  Govern- 
ment offered  occasions  of  consulting  them,  and  no  difference  of  judgment 
appeared  on  the  subject.  Those  of  Commodore  Barron  and  Captain 
Tingey,  now  here,  are  recently  furnished  in  writing,  and  transmitted 
herewith  to  the  Legislature. 

The  efficacy  of  gunboats  for  the  defense  of  harbors  and  of  other  smooth 
and  inclosed  waters  may  be  estimated  in  part  from  that  of  galleys  for- 
merly much  used  but  less  powerful,  more  costly  in  their  construction 
and  maintenance,  and  requiring  more  men.  But  the  gunboat  itself  is 
believed  to  be  in  use  with  every  modem  maritime  nation  for  the  purposes 
of  defense.  In  the  Mediterranean,  on  which  are  several  small  powers 
whose  system,  like  ours,  is  peace  and  defense,  few  harbors  are  without 
this  article  of  protection.  Our  own  experience  there  of  the  effect  of  gun- 
boats for  harbor  service  is  recent.  Algiers  is  particularly  known  to  have 
owed  to  a  great  provision  of  these  vessels  the  safety  of  its  city  since  the 
epoch  of  their  construction.     Before  that  it  had  been  repeatedly  insulted 


420  Messages  and  Papers  of  the  Presidents 

and  injured.  The  effect  of  gunboats  at  present  in  the  neighborhood  of 
Gibraltar  is  well  known,  and  how  much  they  were  used  both  in  the  attack 
and  defense  of  that  place  during  a  former  war.  The  extensive  resort  to 
them  by  the  two  greatest  naval  powers  in  the  world  on  an  enterprise  of 
invasion  not  long  since  in  prospect  shews  their  confidence  in  their  efficacy 
for  the  purposes  for  which  they  are  suited.  By  the  northern  powers  of 
Europe,  whose  seas  are  particularly  adapted  to  them,  they  are  still  more 
used.  The  remarkable  action  between  the  Russian  flotilla  of  gunboats 
and  galleys  and  a  Turkish  fleet  of  ships  of  the  line  and  frigates  in  the 
Liman  Sea  in  1788  will  be  readily  recollected.  The  latter,  commanded 
by  their  most  celebrated  admiral,  were  completely  defeated,  and  several 
of  their  ships  of  the  line  destroyed. 

From  the  opinions  given  as  to  the  number  of  gunboats  necessary  for 
some  of  the  principal  seaports,  and  from  a  view  of  all  the  towns  and 
ports  from  Orleans  to  Maine,  inclusive,  entitled  to  protection  in  propor- 
tion to  their  situation  and  circumstances,  it  is  concluded  that  to  give 
them  a  due  measure  of  protection  in  times  of  war  about  200  gunboats 
will  be  requisite. 

According  to  first  ideas  the  following  would  be  their  general  distribu- 
tion, liable  to  be  varied  on  more  mature  examination  and  as  circumstances 
shall  vary;  that  is  to  say: 

To  the  Mississippi  and  its  neighboring  waters,  40  gunboats. 

To  Savannah  and  Charleston,  and  the  harbors  on  each  side  from  St. 
Marys  to  Currituck,  25. 

To  the  Chesapeake  and  its  waters,  20. 

To  Delaware  Bay  and  River,  15. 

To  New  York,  the  Sound,  and  waters  as  far  as  Cape  Cod,  50. 

To  Boston  and  the  harbors  north  of  Cape  Cod,  50. 

The  flotillas  assigned  to  these  several  stations  might  each  be  under 
the  care  of  a  particular  commandant,  and  the  vessels  composing  them 
would  in  ordinary  be  distributed  among  the  harbors  within  the  station 
in  proportion  to  their  importance. 

Of  these  boats  a  proper  proportion  would  be  of  the  larger  size,  such  as 
those  heretofore  built,  capable  of  navigating  any  seas  and  of  reenforcing 
occasionally  the  strength  of  even  the  most  distant  ports  when  menaced 
with  danger.  The  residue  would  be  confined  to  their  own  or  the  neigh- 
boring harbors,  would  be  smaller,  less  furnished  for  accommodation,  and 
consequently  less  costly.  Of  the  number  supposed  necessary,  73  are  built 
or  building,  and  the  127  still  to  be  pro\'ided  would  cost  from  $500,000  to 
$600,000.  Having  regard  to  the  convenience  of  the  Treasury  as  well  as 
to  the  resoiu'ces  for  building,  it  has  been  thought  that  the  one-half  of 
these  might  be  built  in  the  present  year  and  the  other  half  the  next. 
With  the  Legislature,  however,  it  will  rest  to  stop  where  we  are,  or  at 
any  further  point,  when  they  shall  be  of  opinion  that  the  number  pro- 
vided shall  be  sufficient  for  the  object. 


Thomas  Jefferson  421 

At  times  when  Europe  as  well  as  the  United  States  shall  be  at  peace 
it  would  not  be  proposed  that  more  than  six  or  eight  of  these  vessels 
should  be  kept  afloat.  "When  Europe  is  in  war,  treble  that  number 
might  be  necessary,  to  be  distributed  among  those  particular  harbors 
which  foreign  vessels  of  war  are  in  the  habit  of  frequenting  for  the  pur- 
pose of  preserving  order  therein.  But  they  would  be  manned  in  ordinary, 
with  only  their  complement  for  navigation,  relying  on  the  seamen  and 
militia  of  the  port  if  called  into  action  on  any  sudden  emergency.  It 
would  be  only  when  the  United  States  should  themselves  be  at  war  that 
the  whole  number  would  be  brought  into  active  service,  and  would  be 
ready  in  the  first  moments  of  the  war  to  cooperate  with  the  other  means 
for  covering  at  once  the  line  of  our  seaports.  At  all  times  those  unem- 
ployed would  be  withdrawn  into  places  not  exposed  to  sudden  enterprise, 
hauled  up  under  sheds  from  the  sun  and  weather,  and  kept  in  preserva- 
tion with  little  expense  for  repairs  or  maintenance. 

It  must  be  superfluous  to  observe  that  this  species  of  naval  armament 
is  proposed  merely  for  defensive  operation;  that  it  can  have  but  little 
effect  toward  protecting  our  commerce  in  the  open  seas,  even  on  our 
own  coast;  and  still  less  can  it  become  an  excitement  to  engage  in  offen- 
sive maritime  war,  toward  which  it  would  furnish  no  means. 

TH:  JEFFERSON. 

February  ii,  1807. 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

I  now  lay  before  Congress  a  statement  of  the  militia  of  the  United 
States  according  to  the  latest  returns  received  by  the  Department  of 
War.     From  two  of  the  States  no  returns  have  ever  been  received. 

TH:  JEFFERSON. 

February  19,  1807. 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

I  transmit  to  Congress  a  letter  from  our  ministers  plenipotentiary  at 
lyondon,  informing  us  that  they  have  agreed  with  the  British  commission- 
ers to  conclude  a  treaty  on  all  the  points  which  had  formed  the  object 
of  their  negotiation,  and  on  terms  which  they  trusted  we  would  approve. 

Also  a  letter  from  our  minister  plenipotentiary  at  Paris  covering  one  to 
him  from  the  minister  of  marine  of  that  Government  assuring  him  that 
the  imperial  decree  lately  passed  was  not  to  affect  our  commerce,  which 
would  still  be  governed  by  the  rules  of  the  treaty  established  between 
the  two  countries. 

Also  a  letter  from  Cowles  Mead,  secretary  of  the  Mississippi  Territory, 
acting  as  governor,  informing  us  that  Aaron  Burr  had  surrendered  himself 
to  the  civil  authority  of  that  Territory. 

TH:  JEFFERSON. 


422  Messages  and  Papers  of  the  Presidents 

PROCLAMATIONS. 


By  Thomas  Jefferson,  President  of  the  United  States  of 

America. 

A  proclamation. 

During  the  wars  which  for  some  time  have  unhappily  prevailed  among 
the  powers  of  Europe  the  United  States  of  America,  firm  in  their  prin- 
ciples of  peace,  have  endeavored,  by  justice,  by  a  regular  discharge  of  all 
their  national  and  social  duties,  and  by  ever^'  friendly  office  their  situa- 
tion has  admitted,  to  maintain  with  all  the  belhgerents  their  accustomed 
relations  of  friendship,  hospitality,  and  commercial  intercourse.  Taking 
no  part  in  the  questions  which  animate  these  powers  against  each  other, 
nor  permitting  themselves  to  entertain  a  wish  but  for  the  restoration  of 
general  peace,  they  have  observed  with  good  faith  the  neutrality  they 
assumed,  and  they  believe  that  no  instance  of  a  departure  from  its  duties 
can  be  justl}'  imputed  to  them  by  any  nation.  A  free  use  of  their  har- 
bors and  waters,  the  means  of  refitting  and  of  refreshment,  of  succor  to 
their  sick  and  suffering,  have  at  all  times  and  on  equal  principles  been 
extended  to  all,  and  this,  too,  amidst  a  constant  recurrence  of  acts  of 
insubordination  to  the  laws,  of  violence  to  the  persons,  and  of  trespasses 
on  the  property  of  our  citizens  committed  by  officers  of  one  of  the  bellig- 
erent parties  received  among  us.  In  truth,  these  abuses  of  the  laws  of 
hospitality-  have,  with  few  exceptions,  become  habitual  to  the  commanders 
of  the  British  armed  vessels  hovering  on  our  coasts  and  frequenting  om* 
harbors.  They  have  been  the  subject  of  repeated  representations  to  their 
Government.  Assurances  have  been  given  that  proper  orders  should 
restrain  them  within  the  limits  of  the  rights  and  of  the  respect  due  to 
a  friendly  nation;  but  those  orders  and  assurances  have  been  without 
effect — no  instance  of  punishment  for  past  wrongs  has  taken  place.  At 
length  a  deed  transcending  all  we  have  hitherto  seen  or  suffered  brings 
the  public  sensibility  to  a  serious  crisis  and  our  forbearance  to  a  nec- 
essary pause.  A  frigate  of  the  United  States,  trusting  to  a  state  of 
peace,  and  leaving  her  harbor  on  a  distant  service,  has  been  surprised 
and  attacked  by  a  British  vessel  of  superior  force — one  of  a  squadron  then 
lying  in  our  waters  and  covering  the  transaction — and  has  been  disabled 
from  service,  with  the  loss  of  a  number  of  men  killed  and  wounded. 
This  enormity  was  not  only  without  provocation  or  justifiable  cause,  but 
was  committed  with  the  avowed  purpose  of  taking  by  force  from  a  ship 
of  war  of  the  United  States  a  part  of  her  crew;  and  that  no  circumstance 
might  be  wanting  to  mark  its  character,  it  had  been  previously  ascer- 
tained that  the  seamen  demanded  were  native  citizens  of  the  United 
States,     Having  effected  her  purpose,  she  returned  to  anchor  with  her 


Thomas  Jefferson  423 

squadron  within  our  jurisdiction.  Hospitality  under  such  circumstances 
ceases  to  be  a  duty,  and  a  continuance  of  it  with  such  uncontrolled 
abuses  would  tend  only,  by  multiplying  injuries  and  irritations,  to  bring 
on  a  rupture  between  the  two  nations.  This  extreme  resort  is  equally 
opposed  to  the  interests  of  both,  as  it  is  to  assurances  of  the  most  friendly 
dispositions  on  the  part  of  the  British  Government,  in  the  midst  of  which 
this  outrage  has  been  committed.  In  this  light  the  subject  can  not  but 
present  itself  to  that  Government  and  strengthen  the  motives  to  an  hon- 
orable reparation  of  the  wrong  which  has  been  done,  and  to  that  effectual 
control  of  its  naval  commanders  which  alone  can  justify  the  Government 
of  the  United  States  in  the  exercise  of  those  hospitalities  it  is  now  con- 
vStrained  to  discontinue. 

In  consideration  of  these  circumstances  and  of  the  right  of  every  nation 
to  regulate  its  own  police,  to  provide  for  its  peace  and  for  the  safety  of 
its  citizens,  and  consequently  to  refuse  the  admission  of  armed  vessels 
into  its  harbors  or  waters,  either  in  such  numbers  or  of  such  descriptions 
as  are  inconsistent  with  these  or  with  the  maintenance  of  the  authority 
of  the  laws,  I  have  thought  proper,  in  pursuance  of  the  authorities 
specially  given  by  law,  to  issue  this  my  proclamation,  hereby  requiring 
all  armed  vessels  bearing  commissions  under  the  Government  of  Great 
Britain  now  within  the  harbors  or  waters  of  the  United  States  immedi- 
ately and  without  any  delay  to  depart  from  the  same,  and  interdicting 
the  entrance  of  all  the  said  harbors  and  waters  to  the  said  armed  vessels 
and  to  all  others  bearing  commissions  under  the  authority  of  the  British 
Government. 

And  if  the  said  vessels,  or  any  of  them,  shall  fail  to  depart  as  afore- 
said, or  if  they  or  any  others  so  interdicted  shall  hereafter  enter  the 
harbors  or  waters  aforesaid,  I  do  in  that  case  forbid  all  intercourse  with 
them,  or  any  of  them,  their  officers  or  crews,  and  do  prohibit  all  supplies 
and  aid  from  being  furnished  to  them,  or  any  of  them. 

And  I  do  declare  and  make  known  that  if  any  person  from  or  within 
the  jurisdictional  limits  of  the  United  States  shall  afford  any  aid  to  any 
such  vessel  contrary  to  the  prohibition  contained  in  this  proclamation, 
either  in  repairing  any  such  vessel  or  in  furnishing  her,  her  officers  or 
crew,  with  supplies  of  any  kind  or  in  any  manner  whatsoever;  or  if  any 
pilot  shall  assist  in  navigating  any  of  the  said  armed  vessels,  unless  it  be 
for  the  purpose  of  carrying  them  in  the  first  instance  beyond  the  limits 
and  jurisdiction  of  the  United  States,  or  unless  it  be  in  the  case  of  a 
vessel  forced  by  distress  or  charged  with  public  dispatches,  as  hereinafter 
provided  for,  such  person  or  persons  shall  on  conviction  suffer  all  the 
pains  and  penalties  by  the  laws  provided  for  such  offenses. 

And  I  do  hereby  enjoin  and  require  all  persons  bearing  office,  civil  or 
mihtary,  within  or  under  the  authority  of  the  United  States,  and  all 
others  citizens  or  inhabitants  thereof,  or  being  within  the  same,  with 
vigilance  and  promptitude  to  exert  their  respective  authorities  and  to 


424  Messages  and  Papers  of  the  Presidents 

be  aiding  and  assisting  to  the  carrying  this  proclamation  and  every  part 
thereof  into  full  effect. 

Provided,  nevertheless,  that  if  any  such  vessel  shall  be  forced  into  the 
harbors  or  waters  of  the  United  States  by  distress,  by  the  dangers  of  the 
sea,  or  by  the  pursuit  of  an  enemy,  or  shall  enter  them  charged  with  dis- 
patches or  business  from  their  Government,  or  shall  be  a  public  packet 
for  the  conveyance  of  letters  and  dispatches,  the  commanding  officer, 
immediately  reporting  his  vessel  to  the  collector  of  the  district,  stating 
the  object  or  causes  of  entering  the  said  harbors  or  waters,  and  conform- 
ing himself  to  the  regulations  in  that  case  prescribed  under  the  authority 
of  the  laws,  shall  be  allowed  the  benefit  of  such  regulations  respecting 
repairs,  supplies,  stay,  intercourse,  and  departure  as  shall  be  permitted 
under  the  same  authority. 

In  testimony  whereof  I  have  caused  the  seal  of  the  United  States  to  be 
affixed  to  these  presents,  and  signed  the  same, 
r  -|      •  Given  at  the  city  of  Washington,  the  2d  day  of  July,  A.  D. 

1807,  and  of  the  Sovereignty  and  Independence  of  the  United 
States  the  thirty-first. 

TH:  JEFFERSON. 
By  the  President: 

James  Madison, 

Secretary  of  State, 

[From  Annals  of  Congress,  Tenth  Congress,  first  session,  vol.  i,  9.] 

By  the  President  of  the  United  States  of  America. 

A  PROCI/AMATION. 

Whereas  great  and  weighty  matters  claiming  the  consideration  of  the 
Congress  of  the  United  States  form  an  extraordinary  occasion  for  conven- 
ing them,  I  do  by  these  presents  appoint  Monday,  the  26th  day  of  October 
next,  for  their  meeting  at  the  city  of  Washington,  hereby  requiring  the 
respective  Senators  and  Representatives  then  and  there  to  assemble  in 
Congress,  in  order  to  receive  such  communications  as  may  then  be  made 
to  them,  and  to  consult  and  determine  on  such  measures  as  in  their  wis- 
dom may  be  deemed  meet  for  the  welfare  of  the  United  States. 

In  testimony  whereof  I  have  caused  the  seal  of  the  United  States  to  be 
hereunto  affixed,  and  signed  the  same  with  my  hand. 
Done  at  the  city  of  Washington,  the  30th  day  of  July,  A.  D. 
'-         ■-'      1807,  and  in  the  thirty -second  year  of  the  Independence  of 
the  United  States. 

TH:  JEFFERSON. 
By  the  President: 

James  Madison, 

Secretary  of  State. 


Thomas  Jefferson  425 

[From  the  National  Intelligencer,  October  19,  1807.] 

By  the  President  of  the  United  States  of  America. 

A  PROCLAMATION. 

Whereas  information  has  been  received  that  a  number  of  individuals 
who  have  deserted  from  the  Army  of  the  United  States  and  sought  shel- 
ter without  the  jurisdiction  thereof  have  become  sensible  of  their  offense 
and  are  desirous  of  returning  to  their  duty,  a  full  pardon  is  hereby  pro- 
claimed to  each  and  all  of  such  individuals  as  shall  within  four  months 
from  the  date  hereof  surrender  themselves  to  the  commanding  officer  of 
any  military  post  within  the  United  States  or  the  Territories  thereof. 
In  testimony  whereof  I  have  caused  the  seal  of  the  United  States  to  be 
affixed  to  these  presents,  and  signed  the  same  with  my  hand, 
n  -]         Done  at  the  city  of  Washington,  the  15th  day  of  October, 

A.  D.  1807,  and  of  the  Independence  of  the  United  States  of 
America  the  thirty-second. 

TH:  JEFFERSON. 
By  the  President: 

James  Madison, 

Secretary  of  State. 


SEVENTH  ANNUAL  MESSAGE. 

October  27,  1807. 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

Circumstances,  fellow-citizens,  which  seriously  threatened  the  peace 
of  our  country  have  made  it  a  duty  to  convene  you  at  an  earlier  period 
than  usual.  The  love  of  peace  so  much  cherished  in  the  bosoms  of  our 
citizens,  which  has  so  long  guided  the  proceedings  of  their  public  coun- 
cils and  induced  forbearance  under  so  many  wrongs,  may  not  insure  our 
continuance  in  the  quiet  pursuits  of  industry.  The  many  injuries  and 
depredations  committed  on  our  commerce  and  navigation  upon  the  high 
seas  for  years  past,  the  successive  innovations  on  those  principles  of  pub- 
lic law  which  have  been  established  by  the  reason  and  usage  of  nations 
as  the  rule  of  their  intercourse  and  the  umpire  and  security  of  their  rights 
and  peace,  and  all  the  circumstances  which  induced  the  extraordinary 
mission  to  London  are  already  known  to  you.  The  instructions  given 
to  our  ministers  were  framed  in  the  sincerest  spirit  of  amity  and  modera- 
tion. They  accordingly  proceeded,  in  conformity  therewith,  to  propose 
arrangements  which  might  embrace  and  settle  all  the  points  in  difference 
between  us,  which  might  bring  us  to  a  mutual  understanding  on  our 
neutral  and  national  rights  and  provide  for  a  commercial  intercourse  on 


426  Messages  and  Papers  of  the  Presidents 

conditions  of  some  equality.  After  long  and  fruitless  endeavors  to  effect 
the  purposes  of  their  mission  and  to  obtain  arrangements  within  the 
limits  of  their  instructions,  they  concluded  to  sign  such  as  could  be 
obtained  and  to  send  them  for  consideration,  candidly  declaring  to  the 
other  negotiators  at  the  same  time  that  they  were  acting  against  their 
instructions,  and  that  their  Government,  therefore,  could  not  be  pledged 
for  ratification.  Some  of  the  articles  proposed  might  have  been  admitted 
on  a  principle  of  compromise,  but  others  were  too  highly  disadvantageous, 
and  no  sufficient  provision  was  made  against  the  principal  source  of  the 
irritations  and  collisions  which  were  constantly  endangering  the  peace 
of  the  two  nations.  The  question,  therefore,  whether  a  treaty  should  be 
accepted  in  that  form  could  have  admitted  but  of  one  decision,  even  had 
no  declarations  of  the  other  party  impaired  our  confidence  in  it.  Still 
anxious  not  to  close  the  door  against  friendly  adjustment,  new  modifica- 
tions were  framed  and  further  concessions  authorized  than  could  before 
have  been  supposed  necessary;  and  our  ministers  were  instructed  to 
resume  their  negotiations  on  these  grounds.  On  this  new  reference  to 
amicable  discussion  we  were  reposing  in  confidence,  when  on  the  2 2d 
day  of  June  last  by  a  formal  order  from  a  British  admiral  the  frigate  Ches- 
apeake, leaving  her  port  for  a  distant  service,  was  attacked  by  one  of 
those  vessels  which  had  been  lying  in  our  harbors  under  the  indulgences 
of  hospitality,  was  disabled  from  proceeding,  had  several  of  her  crew 
killed  and  four  taken  away.  On  this  outrage  no  commentaries  are  neces- 
sary. Its  character  has  been  pronounced  by  the  indignant  voice  of  our 
citizens  with  an  emphasis  and  unanimity  never  exceeded.  I  immediately, 
by  proclamation,  interdicted  our  harbors  and  waters  to  all  British  armed 
vessels,  forbade  intercourse  with  them,  and  uncertain  how  far  hostilities 
were  intended,  and  the  town  of  Norfolk,  indeed,  being  threatened  with 
immediate  attack,  a  sufficient  force  was  ordered  for  the  protection  of 
that  place,  and  such  other  preparations  commenced  and  pursued  as  the 
prospect  rendered  proper.  An  armed  vessel  of  the  United  States  was 
dispatched  with  instructions  to  our  ministers  at  London  to  call  on  that 
Government  for  the  satisfaction  and  security  required  by  the  outrage. 
A  very  short  interval  ought  now  to  bring  the  answer,  which  shall  be 
communicated  to  you  as  soon  as  received;  then  also,  or  as  soon  after  as 
the  public  interests  shall  be  found  to  admit,  the  unratified  treaty  and 
proceedings  relative  to  it  shall  be  made  known  to  you. 

The  aggression  thus  begun  has  been  continued  on  the  part  of  the 
British  commanders  by  remaining  within  our  waters  in  defiance  of  the 
authority  of  the  country,  by  habitual  violations  of  its  jurisdiction,  and  at 
length  by  putting  to  death  one  of  the  persons  whom  they  had  forcibly 
taken  from  on  board  the  Chesapeake.  These  aggravations  necessarily 
lead  to  the  policy  either  of  never  admitting  an  armed  vessel  into  our  har- 
bors or  of  maintaining  in  every  harbor  such  an  armed  force  as  may 
constrain  obedience  to  the  laws  and  protect  the  lives  and  property  of  our 


Thomas  Jefferson  427 

citizens  against  their  armed  guests;  but  the  expense  of  such  a  standing 
force  and  its  inconsistence  with  our  principles  dispense  with  those  cour- 
tesies which  would  necessarily  call  for  it,  and  leave  us  equally  free  to 
exclude  the  navy,  as  we  are  the  army,  of  a  foreign  power  from  entering 
our  limits. 

To  former  violations  of  maritime  rights  another  is  now  added  of  very 
extensive  effect.  The  Government  of  that  nation  has  issued  an  order 
interdicting  all  trade  by  neutrals  between  ports  not  in  amity  with  them; 
and  being  now  at  war  with  nearly  every  nation  on  the  Atlantic  and 
Mediterranean  seas,  our  vessels  are  required  to  sacrifice  their  cargoes  at 
the  first  port  they  touch  or  to  return  home  without  the  benefit  of  going 
to  any  other  market.  Under  this  new  law  of  the  ocean  our  trade  on  the 
Mediterranean  has  been  swept  away  by  seizures  and  condemnations,  and 
that  in  other  seas  is  threatened  with  the  same  fate. 

Our  differences  with  Spain  remain  still  unsettled,  no  measure  having 
been  taken  on  her  part  since  my  last  communications  to  Congress  to  bring 
them  to  a  close.  But  under  a  state  of  things  which  may  favor  recon- 
sideration they  have  been  recently  pressed,  and  an  expectation  is  enter- 
tained that  they  may  now  soon  be  brought  to  an  issue  of  some  sort. 
With  their  subjects  on  our  borders  no  new  collisions  have  taken  place 
nor  seem  immediately  to  be  apprehended.  To  our  former  grounds  of 
complaint  has  been  added  a  very  serious  one,  as  you  will  see  by  the 
decree  a  copy  of  which  is  now  communicated.  Whether  this  decree, 
which  professes  to  be  conformable  to  that  of  the  French  Government  of 
November  21,  1806,  heretofore  communicated  to  Congress,  will  also  be 
conformed  to  that  in  its  construction  and  application  in  relation  to  the 
United  States  had  not  been  ascertained  at  the  date  of  our  last  communi- 
cations.    These,  however,  gave  reason  to  expect  such  a  conformity. 

With  the  other  nations  of  Europe  our  harmony  has  been  uninter- 
rupted, and  commerce  and  friendly  intercourse  have  been  maintained  on 
their  usual  footing. 

Our  peace  with  the  several  states  on  the  coast  of  Barbary  appears  as 
firm  as  at  any  former  period  and  as  likely  to  continue  as  that  of  any 
other  nation. 

Among  our  Indian  neighbors  in  the  northwestern  quarter  some  fermen- 
tation was  obser\^ed  soon  after  the  late  occurrences,  threatening  the  con- 
tinuance of  our  peace.  Messages  were  said  to  be  interchanged  and  tokens 
to  be  passing,  which  usually''  denote  a  state  of  restlessness  among  them, 
and  the  character  of  the  agitators  pointed  to  the  sources  of  excitement. 
Measures  were  immediately  taken  for  providing  against  that  danger; 
instructions  were  given  to  require  explanations,  and,  with  assurances  of 
our  continued  friendship,  to  admonish  the  tribes  to  remain  quiet  at  home, 
taking  no  part  in  quarrels  not  belonging  to  them.  As  far  as  we  are  yet 
informed,  the  tribes  in  our  vicinity,  who  are  most  advanced  in  the  pur- 
suits of  industry,  are  sincerely  disposed  to  adhere  to  their  friendship  with 


428  Messages  and  Papers  of  the  Presidents 

us  and  to  their  peace  with  all  others,  while  those  more  remote  do  not 
present  appearances  sufficiently  quiet  to  justify  the  intermission  of  mili- 
tary precaution  on  our  part. 

The  great  tribes  on  our  southwestern  quarter,  much  advanced  beyond 
the  others  in  agriculture  and  household  arts,  appear  tranquil  and  identi- 
fying their  views  with  ours  in  proportion  to  their  advancement.  With 
the  whole  of  these  people,  in  every  quarter,  I  shall  continue  to  inculcate 
peace  and  friendship  with  all  their  neighbors  and  perseverance  in  those 
occupations  and  pursuits  which  will  best  promote  their  own  well-being. 

The  appropriations  of  the  last  session  for  the  defense  of  our  seaport 
towns  and  harbors  were  made  under  expectation  that  a  continuance  of 
our  peace  would  permit  us  to  proceed  in  that  work  according  to  our  con- 
venience. It  has  been  thought  better  to  apply  the  sums  then  given 
toward  the  defense  of  New  York,  Charleston,  and  New  Orleans  chiefly, 
as  most  open  and  most  likely  first  to  need  protection,  and  to  leave  places 
less  immediately  in  danger  to  the  provisions  of  the  present  session. 

The  gunboats,  too,  already  provided  have  on  a  like  principle  been 
chiefly  assigned  to  New  York,  New  Orleans,  and  the  Chesapeake. 
Whether  our  movable  force  on  the  water,  so  material  in  aid  of  the 
defensive  works  on  the  land,  should  be  augmented  in  this  or  any  other 
form  is  left  to  the  wisdom  of  the  L,egislature.  For  the  purpose  of  man- 
ning these  vessels  in  sudden  attacks  on  our  harbors  it  is  a  matter  for 
consideration  whether  the  seamen  of  the  United  States  may  not  justly 
be  formed  into  a  special  militia,  to  be  called  on  for  tours  of  duty  in  de- 
fense of  the  harbors  where  they  shall  happen  to  be,  the  ordinary  militia 
of  the  place  furnishing  that  portion  which  may  consist  of  landsmen. 

The  moment  our  peace  was  threatened  I  deemed  it  indispensable  to 
secure  a  greater  provision  of  those  articles  of  military  stores  with  which 
our  magazines  were  not  sufficiently  furnished.  To  have  awaited  a  pre- 
vious and  special  sanction  by  law  would  have  lost  occasions  which  might 
not  be  retrieved.  I  did  not  hesitate,  therefore,  to  authorize  engage- 
ments for  such  supplements  to  our  existing  stock  as  would  render  it 
adequate  to  the  emergencies  threatening  us,  and  I  trust  that  the  legis- 
lature, feeling  the  same  anxiety  for  the  safety  of  our  country,  so  mate- 
rially advanced  by  this  precaution,  will  approve,  when  done,  what  they 
would  have  seen  so  important  to  be  done  if  then  assembled.  Expenses, 
also  unprovided  for,  arose  out  of  the  necessity  of  calling  all  our  gunboats 
into  actual  serv^ice  for  the  defense  of  our  harbors;  of  all  which  accounts 
will  be  laid  before  you. 

Whether  a  regular  army  is  to  be  raised,  and  to  what  extent,  must  de- 
pend on  the  information  so  shortly  expected.  In  the  meantime  I  have 
called  on  the  States  for  quotas  of  militia,  to  be  in  readiness  for  present 
defense,  and  have,  moreover,  encouraged  the  acceptance  of  volunteers; 
and  I  am  happy  to  inform  you  that  these  have  offered  themselves  with 
great  alacrity  in  every  part  of  the  Union.     They  are  ordered  to  be  organ- 


Thomas  Jefferson  429 

ized  and  ready  at  a  moment's  warning  to  proceed  on  any  service  to 
which  they  may  be  called,  and  every  preparation  within  the  Executive 
powers  has  been  made  to  insure  us  the  benefit  of  early  exertions. 

I  informed  Congress  at  their  last  session  of  the  enterprises  against  the 
public  peace  which  were  believed  to  be  in  preparation  by  Aaron  Burr 
and  his  associates,  of  the  measures  taken  to  defeat  them  and  to  bring  the 
offenders  to  justice.  Their  enterprises  were  happily  defeated  by  the  patri- 
otic exertions  of  the  militia  whenever  called  into  action,  by  the  fidelity  of 
the  Army,  and  energy  of  the  commander  in  chief  in  promptly  arranging 
the  difficulties  presenting  themselves  on  the  Sabine,  repairing  to  meet 
those  arising  on  the  Mississippi,  and  dissipating  before  their  explosion 
plots  engendering  there.  I  shall  think  it  my  duty  to  lay  before  you  the 
proceedings  and  the  evidence  publicly  exhibited  on  the  arraignment  of 
the  principal  offenders  before  the  circuit  court  of  Virginia.  You  will  be 
enabled  to  judge  whether  the  defect  was  in  the  testimony,  in  the  law,  or 
in  the  administration  of  the  law;  and  wherever  it  shall  be  found,  the 
lyCgislature  alone  can  apply  or  originate  the  remedy.  The  framers  of  our 
Constitution  certainly  supposed  they  had  guarded  as  well  their  Govern- 
ment against  destruction  by  treason  as  their  citizens  against  oppression 
under  pretense  of  it,  and  if  these  ends  are  not  attained  it  is  of  impor- 
tance to  inquire  by  what  means  more  effectual  they  may  be  secured. 

The  accounts  of  the  receipts  of  revenue  during  the  year  ending  on 
the  30th  day  of  September  last  being  not  yet  made  up,  a  correct  state- 
ment will  be  hereafter  transmitted  from  the  Treasury.  In  the  meantime, 
it  is  ascertained  that  the  receipts  have  amounted  to  near  $16,000,000, 
which,  with  the  five  millions  and  a  half  in  the  Treasury  at  the  beginning 
of  the  year,  have  enabled  us,  after  meeting  the  current  demands  and 
interest  incurred,  to  pay  more  than  four  millions  of  the  principal  of  our 
funded  debt.  These  payments,  with  those  of  the  preceding  five  and  a 
half  years,  have  extinguished  of  the  funded  debt  $25,500,000,  being  the 
whole  which  could  be  paid  or  purchased  within  the  limits  of  the  law  and 
of  our  contracts,  and  have  left  us  in  the  Treasury  $8,500,000.  A  portion 
of  this  sum  may  be  considered  as  a  commencement  of  accumulation  of 
the  surpluses  of  revenue  which,  after  paying  the  installments  of  debt 
as  they  shall  become  payable,  will  remain  without  any  specific  object. 
It  may  partly,  indeed,  be  applied  toward  completing  the  defense  of  the 
exposed  points  of  our  country,  on  such  a  scale  as  shall  be  adapted  to  our 
principles  and  circumstances.  This  object  is  doubtless  among  the  first 
entitled  to  attention  in  such  a  state  of  our  finances,  and  it  is  one  which, 
whether  we  have  peace  or  war,  will  provide  security  where  it  is  due. 
Whether  what  shall  remain  of  this,  with  the  future  surpluses,  may  be 
usefully  applied  to  purposes  already  authorized  or  more  usefully  to 
others  requiring  new  authorities,  or  how  otherwise  they  shall  1^  dis- 
posed of,  are  questions  calling  for  the  notice  of  Congress,  unless,  indeed, 
they  shall  be  superseded  by  a  change  in  our  public  relations  now  awaiting 


430  Messages  and  Papers  of  the  Presidents 

the  determination  of  others.  Whatever  be  that  determination,  it  is  a 
great  consolation  that  it  will  become  known  at  a  moment  when  the 
supreme  council  of  the  nation  is  assembled  at  its  post,  and  ready  to  give 
the  aids  of  its  wisdom  and  authority  to  whatever  course  the  good  of  our 
country  shall  then  call  us  to  pursue. 

Matters  of  minor  importance  will  be  the  subjects  of  future  commu- 
nications, and  nothing  shall  be  wanting  on  my  part  which  may  give 
information  or  dispatch  to  the  proceedings  of  the  Legislature  in  the  ex- 
ercise of  their  high  duties,  and  at  a  moment  so  interesting  to  the  public 
welfare. 

TH:  JEFFERSON. 


SPECIAL  MESSAGES. 

November  ii,  1807. 
To  the  Senate  of  the  United  States: 

Some  time  had  elapsed  after  the  receipt  of  the  late  treaty  between  the 
United  States  and  Tripoli  before  the  circumstance  drew  particular  atten- 
tion that,  although  by  the  third  article  the  wife  and  children  of  the 
ex-Bashaw  were  to  be  restored  to  him,  this  did  not  appear  either  to  have 
been  done  or  demanded;  still,  it  was  constantly  expected  that  explana- 
tions on  the  subject  would  be  received.  None,  however,  having  arrived 
when  Mr.  Davis  went  as  consul  to  Tripoli,  he  was  instructed  to  demand 
the  execution  of  the  article.  He  did  so,  but  was  answered  by  the  exhi- 
bition of  a  declaration,  signed  by  our  negotiator  the  day  after  the  sig- 
nature of  the  treaty,  allowing  four  years  for  the  restoration  of  the  family. 
This  declaration  and  the  letter  of  Mr.  Davis  stating  what  passed  on  the 
occasion  are  now  communicated  to  the  Senate.  On  the  receipt  of  this 
letter  I  caused  the  correspondence  of  Mr.  Lear  to  be  diligently  reex- 
amined in  order  to  ascertain  whether  there  might  have  been  a  commu- 
nication of  this  paper  made  and  overlooked  or  forgotten.  None  such, 
however,  is  found.  There  appears  only  in  a  journalized  account  of  the 
transaction  by  Mr.  Lear,  under  date  of  June  3,  a  passage  intimating  that 
he  should  be  disposed  to  give  time  rather  than  suffer  the  business  to 
be  broken  off  and  our  countrymen  left  in  slavery;  and  again,  that  on 
the  return  of  the  person  who  passed  between  himself  and  the  Bashaw, 
and  information  that  the  Bashaw  would  require  time  for  the  delivery 
of  the  family,  he  consented,  and  went  ashore  to  consummate  the  treaty. 
This  was  done  the  next  day,  and  being  forwarded  to  us  as  ultimately 
signed,  and  found  to  contain  no  allowance  of  time  nor  any  intimation  that 
there  was  any  stipulation  but  what  was  in  the  public  treaty,  it  was  sup- 
posed that  the  Bashaw  had,  in  fine,  abandoned  the  proposition,  and  the 
instructions  before  mentioned  were  consequently  given  to  Mr.  Davis. 


Thomas  Jefferson  431 

An  extract  of  so  much  of  Mr.  Lear's  communication  as  relates  to  this 
circumstance  is  now  transmitted  to  the  Senate,  the  whole  of  the  papers 
having  been  laid  before  them  on  a  former  occasion.  How  it  has  happened 
that  the  declaration  of  June  5  has  never  before  come  to  our  knowledge 
can  not  with  certainty  be  said,  but  whether  there  has  been  a  miscarriage 
of  it  or  a  failure  of  the  ordinary  attention  and  correctness  of  that  officer 
in  making  his  communications,  I  have  thought  it  due  to  the  Senate  as 
well  as  to  myself  to  explain  to  them  the  circumstances  which  have  with- 
held from  their  knowledge,  as  they  did  from  my  own,  a  modification 
which,  had  it  been  placed  in  the  public  treaty,  would  have  been  relieved 
from  the  objections  which  candor  and  good  faith  can  not  but  feel  in  its 
present  form. 

As  the  restoration  of  the  family  has  probably  been  effected,  a  just  regard 
to  the  character  of  the  United  States  will  require  that  I  make  to  the 
Bashaw  a  candid  statement  of  facts,  and  that  the  sacrifices  of  his  right 
to  the  peace  and  friendship  of  the  two  countries,  by  yielding  finally  to  the 
demand  of  Mr.  Davis,  be  met  by  proper  acknowledgments  and  repara- 
tion on  our  part. 

TH:  JEFFERSON. 

November  19,  1807. 
To  the  House  of  Representatives  of  the  United  States: 

According  to  the  request  expressed  in  your  resolution  of  the  i8th 
instant,  I  now  transmit  a  copy  of  my  proclamation  interdicting  our  har- 
bors and  waters  to  British  armed  vessels  and  forbidding  intercourse  with 
them,  referred  to  in  my  message  of  the  27th  of  October  last. 

TH:  JEFFERSON. 

November  23,  1807. 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

Agreeably  to  the  assurance  given  in  my  message  at  the  opening  of  the 
present  session  of  Congress,  I  now  lay  before  you  a  copy  of  the  proceed- 
ings and  of  the  evidence  exhibited  on  the  arraignment  of  Aaron  Burr 
and  others  before  the  circuit  court  of  the  United  States  held  in  Virginia 
in  the  course  of  the  present  year,  in  as  authentic  form  as  their  several 

parts  have  admitted. 

TH:  JEFFERSON. 

November  23,  1807. 
To  the  Senate  of  the  United  States: 

Some  circumstance,  which  can  not  now  be  ascertained,  induced  a 
belief  that  an  act  had  passed  at  the  last  session  of  Congress  for  establish- 
ing a  surveyor  and  inspector  of  revenue  for  the  port  of  Stonington,  in 
Connecticut,  and  commissions  were  signed  appointing  Jonathan  Palmer, 


432  Messages  and  Papers  of  the  Presidents 

of  Connecticut ,  to  those  offices.  The  error  was  discovered  at  the  Treasury , 
and  the  commissions  were  retained;  but  not  having  been  notified  to  me,  I 
renewed  the  nomination  in  my  message  of  the  9th  instant  to  the  Senate. 
In  order  to  correct  the  error,  I  have  canceled  the  temporary  commissions, 
and  now  revoke  the  nomination  which  I  made  of  the  said  Jonathan 
Palmer  to  the  Senate. 

TH:  JEFFERSON. 


December  2,  1807, 
To  the  Senate  of  the  United  States: 

In  compliance  with  the  request  made  in  the  resolution  of  the  Senate  of 
November  30,  I  must  inform  them  that  when  the  prosecutions  against 
Aaron  Burr  and  his  associates  were  instituted  I  delivered  to  the  Attorney- 
General  all  the  ev'idence  on  the  subject,  formal  and  informal,  which  I 
had  received,  to  be  used  by  those  employed  in  the  prosecutions.  On  the 
receipt  of  the  resolution  of  the  Senate  I  referred  it  to  the  Attorney-Gen- 
eral, with  a  request  that  he  would  enable  me  to  comply  with  it  by  putting 
into  my  hands  such  of  the  papers  as  might  give  information  relative  to 
the  conduct  of  John  Smith,  a  Senator  from  the  State  of  Ohio,  as  an 
alleged  associate  of  Aaron  Burr,  and  having  this  moment  received  from 
him  the  affidavit  of  Elias  Glover,  with  an  assurance  that  it  is  the  only 
paper  in  his  possession  which  is  within  the  term  of  the  request  of  the 
Senate,  I  now  transmit  it  for  their  use. 

TH:  JEFFERSON. 


December  7,  1807. 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

Having  recently  received  from  our  late  minister  plenipotentiary  at 
the  Court  of  lyondon  a  duplicate  of  dispatches,  the  original  of  which  has 
been  sent  by  the  Revenge  schooner,  not  yet  arrived,  I  hasten  to  lay  them 
before  both  Houses  of  Congress.  They  contain  the  whole  of  what  has 
passed  between  the  two  Governments  on  the  subject  of  the  outrage  com- 
mitted by  the  British  ship  Leopard  on  the  frigate  Chesapeake.  Congress 
will  learn  from  these  papers  the  present  state  of  the  discussion  on  that 
transaction,  and  that  it  is  to  be  transferred  to  this  place  by  the  mission 
of  a  special  minister. 

While  this  information  will  have  its  proper  effect  on  their  deliberations 
and  proceedings  respecting  the  relations  between  the  two  countries,  they 
will  be  sensible  that,  the  negotiation  being  still  depending,  it  is  proper 
for  me  to  request  that  the  communications  may  be  considered  as  confi- 
dential. 

TH:  JEFFERSON. 


Thomas  Jefferson  433 

December  18,  1807. 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

The  communications  now  made,  shewing  the  great  and  increasing 
dangers  with  which  our  vessels,  our  seamen,  and  merchandise  are  threat- 
ened on  the  high  seas  and  elsewhere  from  the  belligerent  powers  of 
Europe,  and  it  being  of  the  greatest  importance  to  keep  in  safety  these 
essential  resources,  I  deem  it  my  duty  to  recommend  the  subject  to  the 
consideration  of  Congress,  who  will  doubtless  perceive  all  the  advantages 
which  may  be  expected  from  an  inhibition  of  the  departure  of  our  vessels 
from  the  ports  of  the  United  States. 

Their  wisdom  will  also  see  the  necessity  of  making  every  preparation 
for  whatever  events  may  grow  out  of  the  present  crisis. 

TH:  JEFFERSON. 

December  30,  1807, 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

I  communicate  to  Congress  the  inclosed  letters  from  Governor  Hull, 
respecting  the  Indians  in  the  vicinity  of  Detroit  residing  within  our 
lines.  They  contain  information  of  the  state  of  things  in  that  quarter 
which  will  properly  enter  into  their  view  in  estimating  the  means  to  be 
provided  for  the  defense  of  our  country  generally. 

TH:  JEFFERSON. 

January  8,  1808. 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

I  now  render  to  Congress  the  account  of  the  fund  established  for 
defraying  the  contingent  expenses  of  Government  for  the  year  1807. 
Of  the  sum  of  $18,012.50,  which  remained  unexpended  at  the  close  of 
the  year  1806,  $8,731. 1 1  have  been  placed  in  the  hands  of  the  Attorney- 
General  of  the  United  States,  to  enable  him  to  defray  sundry  expenses 
incident  to  the  prosecution  of  Aaron  Burr  and  his  accomplices  for  trea- 
sons and  misdemeanors  alleged  to  have  been  committed  by  them,  and 
the  unexpended  balance  of  $9,275.39  is  now  carried  according  to  law  to 
the  credit  of  the  surplus  fund. 

TH:  JEFFERSON. 

January  15,  1808. 
To  the  Senate  of  the  United  States: 

The  posts  of  Detroit  and  Mackinac  having  been  originally  intended 
by  the  Governments  which  established  and  held  them  as  mere  depots  for 
commerce  with  the  Indians,  very  small  cessions  of  land  around  them 
were  obtained  or  asked  from  the  native  proprietors,  and  these  posts  de- 
pended for  protection  on  the  strength  of  their  garrisons.  The  principles 
M  P — vol,  I — 28 


434  Messages  and  Papers  of  the  Presidents 

of  our  Government  leading  us  to  the  employment  of  such  moderate  gar- 
risons in  time  of  peace  as  may  merely  take  care  of  the  post,  and  to  a 
reliance  on  the  neighboring  militia  for  its  support  in  the  first  moments 
of  war,  I  have  thought  it  would  be  important  to  obtain  from  the  Indians 
such  a  cession  in  the  neighborhood  of  these  posts  as  might  maintain  a 
militia  proportioned  to  this  object;  and  I  have  particularly  contemplated, 
with  this  view,  the  acquisition  of  the  eastern  moiety  of  the  peninsula 
between  lakes  Michigan  and  Huron,  comprehending  the  waters  of  the 
latter  and  of  Detroit  River,  so  soon  as  it  could  be  effected  with  the  per- 
fect good  will  of  the  natives.  Governor  Hull  was  therefore  appointed  a 
commissioner  to  treat  with  them  on  this  subject,  but  was  instructed  to 
confine  his  propositions  for  the  present  to  so  much  of  the  tract  before 
described  as  lay  south  of  Saguina  Bay  and  round  to  the  Connecticut 
Reserve,  so  as  to  consolidate  the  new  with  the  present  settled  country. 
The  result  has  been  an  acquisition  of  so  much  only  of  what  would  have 
been  acceptable  as  extends  from  the  neighborhood  of  Saguina  Bay  to  the 
Miami  of  the  lyakes,  with  a  prospect  of  soon  obtaining  a  breadth  of  2  miles 
for  a  communication  from  the  Miami  to  the  Connecticut  Reserve.  The 
treaty  for  this  purpose  entered  into  with  the  Ottoways,  Chippeways, 
Wyandots,  and  Pottawattamies  at  Detroit  on  the  lytli  of  November  last 
is  now  transmitted  to  the  Senate,  and  I  ask  their  advice  and  consent  as  to 
its  ratification. 

I  communicate  herewith  such  papers  as  bear  any  material  relation  to 
the  subject. 

TH:  JEFFERSON. 

January  15,  1808. 
To  the  Senate  of  the  United  States: 

Although  it  is  deemed  very  desirable  that  the  United  States  should 
obtain  from  the  native  proprietors  the  whole  left  bank  of  the  Mississippi 
to  a  certain  breadth,  yet  to  obliterate  from  the  Indian  mind  an  impres- 
sion deeply  made  in  it  that  we  are  constantly  forming  designs  on  their 
lands  I  have  thought  it  best  where  urged  by  no  peculiar  necessity  to 
leave  to  themselves  and  to  the  pressure  of  their  own  convenience  only 
to  come  forward  with  offers  of  sale  to  the  United  States. 

The  Choctaws,  being  indebted  to  certain  mercantile  characters  beyond 
what  could  be  discharged  by  the  ordinary  proceeds  of  their  huntings, 
and  pressed  for  paj^ment  by  those  creditors,  proposed  at  length  to  the 
United  States  to  cede  lands  to  the  amount  of  their  debts,  and  designated 
them  in  two  different  portions  of  their  country.  These  designations 
not  at  all  suiting  us,  their  proposals  were  declined  for  that  reason,  and 
with  an  intimation  that  if  their  own  convenience  should  ever  dispose 
them  to  cede  their  lands  on  the  Mississippi  we  should  be  willing  to  pur- 
chase. Still  urged  by  their  creditors,  as  well  as  by  their  own  desire  to 
be  liberated  from  debt,  they  at  length  proposed  to  make  a  cession  which 


Thomas  Jefferson  435 

should  be  to  our  convenience.  James  Robertson,  of  Tennessee,  and  Silas 
Dinsmore  were  thereupon  appointed  commissioners  to  treat  with  them  on 
that  subject,  with  instructions  to  purchase  only  on  the  Mississippi.  On 
meeting  their  chiefs,  however,  it  was  found  that  such  was  the  attachment 
of  the  nation  to  their  lands  on  the  Mississippi  that  their  chiefs  could 
not  undertake  to  cede  them;  but  they  offered  all  their  lands  south  of  a 
line  to  be  run  from  their  and  our  boundary  at  the  Omochita  eastwardly 
to  their  boundary  with  the  Creeks,  on  the  ridge  between  the  Tombigbee 
and  Alabama,  which  would  unite  our  possessions  there  from  Natchez  to 
Tombigbee.  A  treaty  to  this  effect  was  accordingly  signed  at  Pooshape- 
kanuk  on  the  i6th  of  November,  1805;  but  this  being  against  express 
instructions,  and  not  according  with  the  object  then  in  view,  I  was  disin- 
clined to  its  ratification,  and  therefore  did  not  at  the  last  session  of  Con- 
gress lay  it  before  the  Senate  for  their  advice,  but  have  suffered  it  to  lie 
unacted  on. 

Progressive  difficulties,  however,  in  our  foreign  relations  have  brought 
into  view  considerations  other  than  those  which  then  prevailed.  It  is 
now,  perhaps,  become  as  interesting  to  obtain  footing  for  a  strong  settle- 
ment of  militia  along  our  southern  frontier  eastward  of  the  Mississippi 
as  on  the  west  of  that  river,  and  more  so  than  higher  up  the  river  itself. 
The  consolidation  of  the  Mississippi  Territory  and  the  establishing  a  bar- 
rier of  separation  between  the  Indians  and  our  Southern  neighbors  are  also 
important  objects.  The  cession  is  supposed  to  contain  about  5,000,000 
acres,  of  which  the  greater  part  is  said  to  be  fit  for  cultivation,  and  no 
inconsiderable  proportion  of  the  first  quality,  on  the  various  waters  it  in- 
cludes; and  the  Choctaws  and  their  creditors  are  still  anxious  for  the  sale. 

I  therefore  now  transmit  the  treaty  for  the  consideration  of  the  Senate, 
and  I  ask  their  advice  and  consent  as  to  its  ratification.  I  communicate 
at  the  same  time  such  papers  as  bear  any  material  relation  to  the  subject, 
together  with  a  map  on  which  is  sketched  the  northern  limit  of  the  ces- 
sion, rather  to  give  a  general  idea  than  with  any  pretension  to  exactness, 
which  our  present  knowledge  of  the  country  would  not  warrant. 

TH:  JEFFERSON. 

January  20,  1808. 
To  the  House  of  Representatives  of  the  United  States: 

Some  days  previous  to  your  resolutions  of  the  13th  instant  a  court  of 
inquiry  had  been  instituted  at  the  request  of  General  Wilkinson,  charged 
to  make  the  inquiry  into  his  conduct  which  the  first  resolution  desires, 
and  had  commenced  their  proceedings.  To  the  judge-advocate  of  that 
court  the  papers  and  information  on  that  subject  transmitted  to  me  by 
the  House  of  Representatives  have  been  delivered,  to  be  used  according 
to  the  rules  and  powers  of  that  court. 

The  request  of  a  communication  of  any  information  which  maj^  have 


436  Messages  and  Papers  of  the  Presidents 

been  received  at  any  time  since  the  establishment  of  the  present  Gov- 
ernment touching  combinations  with  foreign  agents  for  dismembering 
the  Union  or  the  corrupt  receipt  of  money  by  any  officer  of  the  United 
States  from  the  agents  of  foreign  governments  can  be  compHed  with  but 
in  a  partial  degree. 

It  is  well  understood  that  in  the  first  or  second  year  of  the  Presidency 
of  General  Washington  information  was  given  to  him  relating  to  certain 
combinations  with  the  agents  of  a  foreign  government  for  the  dismember- 
ment of  the  Union,  which  combinations  had  taken  place  before  the  estab- 
lishment of  the  present  Federal  Government.  This  information,  however, 
is  believed  never  to  have  been  deposited  in  any  public  office,  or  left  in 
that  of  the  President's  secretary,  these  having  been  duly  examined,  but 
to  have  been  considered  as  personally  confidential,  and  therefore  retained 
among  his  private  papers.  A  communication  from  the  governor  of  Vir- 
ginia to  President  Washington  is  found  in  the  office  of  the  President's 
secretary,  which,  although  not  strictly  within  the  terms  of  the  request 
of  the  House  of  Representatives,  is  communicated,  inasmuch  as  it  may 
throw  some  light  on  the  subjects  of  the  correspondence  of  that  time 
between  certain  foreign  agents  and  citizens  of  the  United  States. 

In  the  first  or  second  year  of  the  Administration  of  President  Adams 
Andrew  Ellicott,  then  employed  in  designating,  in  conjunction  with  the 
Spanish  authorities,  the  boundaries  between  the  territories  of  the  United 
States  and  Spain,  under  the  treaty  with  that  nation,  communicated  to 
the  Executive  of  the  United  States  papers  and  information  respecting 
the  subjects  of  the  present  inquiry,  which  were  deposited  in  the  Office  of 
State.  Copies  of  these  are  now  transmitted  to  the  House  of  Represent- 
atives, except  of  a  single  letter  and  a  reference  from  the  said  Andrew 
Ellicott,  which,  being  expressly  desired  to  be  kept  secret,  is  therefore 
not  communicated,  but  its  contents  can  be  obtained  from  himself  in  a 
more  legal  form,  and  directions  have  been  given  to  summon  him  to  ap- 
pear as  a  witness  before  the  court  of  inquiry. 

A  paper  on  "The  Commerce  of  Louisiana, "  bearing  date  the  i8th  of 
April,  1798,  is  found  in  the  Office  of  State,  supposed  to  have  been 
communicated  by  Mr.  Daniel  Clark,  of  New  Orleans,  then  a  subject  of 
Spain,  and  now  of  the  House  of  Representatives  of  the  United  States, 
stating  certain  commercial  transactions  of  General  Wilkinson  in  New 
Orleans.  An  extract  from  this  is  now  communicated,  because  it  contains 
facts  which  may  have  some  bearing  on  the  questions  relating  to  him. 

The  destruction  of  the  War  Office  by  fire  in  the  close  of  1800  involved 
all  information  it  contained  at  that  date. 

The  papers  already  described  therefore  constitute  the  whole  of  the 
information  on  the  subjects  deposited  in  the  public  offices  during  the 
preceding  Administrations,  as  far  as  has  yet  been  found;  but  it  can  not 
be  affirmed  that  there  may  be  no  other,  l)ecause,  the  papers  of  the  office 
being  filed  for  the  most  part  alphabetically,  unless  aided  by  the  sugges- 


Thomas  Jefferson  437 

tion  of  any  particular  name  which  may  have  given  such  information,  noth- 
ing short  of  a  careful  examination  of  the  papers  in  the  offices  generally 
could  authorize  such  an  affirmation. 

About  a  twelvemonth  after  I  came  to  the  administration  of  the  Gov- 
ernment Mr.  Clark  gave  some  verbal  information  to  myself,  as  well  as 
to  the  Secretary  of  State,  relating  to  the  same  combinations  for  the  dis- 
memberment of  the  Union.  He  was  listened  to  freely,  and  he  then 
delivered  the  letter  of  Governor  Gayoso,  addressed  to  himself,  of  which  a 
copy  is  now  communicated.  After  his  return  to  New  Orleans  he  for- 
warded to  the  Secretary  of  State  other  papers,  with  a  request  that  after 
perusal  they  should  be  burnt.  This,  however,  was  not  done,  and  he 
was  so  informed  by  the  Secretary  of  State,  and  that  they  would  be  held 
subject  to  his  orders.  These  papers  have  not  yet  been  found  in  the 
office.  A  letter,  therefore,  has  been  addressed  to  the  former  chief  clerk, 
who  may  perhaps  give  information  respecting  them.  As  far  as  our 
memories  enable  us  to  say,  they  related  only  to  the  combinations  before 
spoken  of,  and  not  at  all  to  the  corrupt  receipt  of  money  by  any  officer 
of  the  United  States;  consequently  they  respected  what  was  considered 
as  a  dead  matter,  known  to  the  preceding  Administrations,  and  offering 
nothing  new  to  call  for  investigations,  which  those  nearest  the  dates  of 
the  transactions  had  not  thought  proper  to  institute. 

In  the  course  of  the  communications  made  to  me  on  the  subject  of  the 
conspiracy  of  Aaron  Burr  I  sometimes  received  letters,  some  of  them 
anonymous,  some  under  names  true  or  false,  expressing  suspicions  and 
insinuations  against  General  Wilkinson;  but  one  only  of  them,  and  that 
anonymous,  specified  any  particular  fact,  and  that  fact  was  one  of  those 
which  had  been  already  communicated  to  a  former  Administration. 

No  other  information  within  the  purvdew  of  the  request  of  the  House 
Is  known  to  have  been  received  by  any  department  of  the  Government 
from  the  establishment  of  the  present  Federal  Government.  That  which 
has  been  recently  communicated  to  the  House  of  Representatives,  and  by 
them  to  me,  is  the  first  direct  testimony  ever  made  known  to  me  charg- 
ing General  Wilkinson  with  the  corrupt  receipt  of  money,  and  the  House 
of  Representati\'es  may  be  assured  that  the  duties  which  this  information 
devolves  on  me  shall  be  exercised  with  rigorous  impartiality.  Should 
any  want  of  power  in  the  court  to  compel  the  rendering  of  testimony 
obstruct  that  full  and  impartial  inquiry  which  alone  can  establish  guilt  or 
innocence  and  satisfy  justice,  the  legislative  authority  only  will  be  com- 
petent to  the  remedy. 

TH:  JEFFERSON. 

January  30,  1808. 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

The  Choctaws,  being  indebted  to  their  merchants  beyond  what  could 
be  discharged  by  the  ordinary  proceeds  of  their  huntings,  and  pressed  for 


438  Messages  and  Papers  of  the  Presidents 

payment,  proposed  to  the  United  States  to  cede  lands  to  the  amount  of 
their  debts,  and  designated  them  in  two  different  portions  of  their  coun- 
\xy.  These  designations,  not  at  all  suiting  us,  were  declined.  Still 
urged  by  their  creditors,  as  well  as  by  their  own  desire  to  be  liberated  from 
debt,  they  at  length  proposed  to  make  a  cession  which  should  be  to  our 
convenience.  By  a  treaty  signed  at  Pooshapuckanuck  on  the  i6th  of 
November,  1805,  the}'  accordingly  ceded  all  their  lands  south  of  a  line  to 
be  run  from  their  and  our  boundary  at  the  Omochita  eastwardly  to  their 
boundary  with  the  Creeks,  on  the  ridge  between  the  Tombigbee  and 
Alabama,  as  is  more  particularly  described  in  the  treaty,  containing  about 
5,000,000  acres,  as  is  supposed,  and  uniting  our  possessions  there  from 
Adams  to  Washington  County. 

The  location  contemplated  in  the  instructions  to  the  commissioners  was 
on  the  Mississippi.  That  in  the  treaty  being  entirely  different,  I  was  at 
that  time  disinclined  to  its  ratification,  and  I  have  suffered  it  to  lie  unacted 
on.  But  progressive  difficulties  in  our  foreign  relations  have  brought  into 
view  considerations  other  than  those  which  then  prevailed.  It  is  now, 
perhaps,  as  interesting  to  obtain  footing  for  a  strong  settlement  of  militia 
along  our  southern  frontier  eastward  of  the  Mississippi  as  on  the  west 
of  that  river,  and  more  so  than  higher  up  the  river  itself.  The  consoli- 
dation of  the  Mississippi  Territory  and  the  establishment  of  a  barrier  of 
separation  between  the  Indians  and  our  Southern  neighbors  are  also 
important  objects;  and  the  Choctaws  and  their  creditors  being  still  anx- 
ious that  the  sale  should  be  made,  I  submitted  the  treaty  to  the  Senate, 
who  have  advised  and  consented  to  its  ratification.  I  therefore  now  lay 
it  before  both  Houses  of  Congress  for  the  exercise  of  their  constitutional 
powers  as  to  the  means  of  fulfilling  it. 

TH:  JEFFERSON. 


January  30,  1808. 
To  the  House  of  Representatives  of  the  United  States: 

The  posts  of  Detroit  and  Mackinac  having  been  originally  intended 
by  the  Governments  which  established  and  held  them  as  mere  depots  for 
commerce  with  the  Indians,  very  small  cessions  of  land  around  them  were 
obtained  or  asked  from  the  native  proprietors,  and  these  posts  depended 
for  protection  on  the  strength  of  their  garrisons.  The  principles  of  our 
Government  leading  us  to  the  employment  of  such  moderate  garrisons 
in  time  of  peace  as  may  merely  take  care  of  the  post,  and  to  a  reliance 
on  the  neighboring  militia  for  its  support  in  the  first  moments  of  war,  I 
have  thought  it  would  be  important  to  obtain  from  the  Indians  such  a 
cession  in  the  neighborhood  of  these  posts  as  might  maintain  a  militia 
proportioned  to  this  object;  and  I  have  particularly  contemplated,  with 
this  \'iew,  the  acquisition  of  the  eastern  moiety  of  the  peninsula  between 
the  lakes  Michigan,  Huron,  and  Erie,  extending  it  to  the  Connecticut 


Thomas  Jefferson  439 

Reserve  so  soon  as  it  could  be  effected  with  the  perfect  good  will  of  the 
natives. 

By  a  treaty  concluded  at  Detroit  on  the  17th  of  November  last  with 
the  Ottoways,  Chippeways,  Wyandots,  and  Pattawatimas  so  much  of 
this  country  has  been  obtained  as  extends  from  about  Saguina  Bay 
southwardly  to  the  Miami  of  the  Lakes,  supposed  to  contain  upward  of 
5,000,000  acres,  with  a  prospect  of  obtaining  for  the  present  a  breadth  of 
2  miles  for  a  communication  from  the  Miami  to  the  Connecticut  Reserve. 

The  Senate  having  advised  and  consented  to  the  ratification  of  this 
treaty,  I  now  lay  it  before  both  Houses  of  Congress  for  the  exercise  of 
their  constitutional  powers  as  to  the  means  of  fulfilling  it. 

TH:  JEFFERSON. 


February  2,  1808. 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

Having  received  an  oflScial  communication  of  certain  orders  of  the 
British  Government  against  the  maritime  rights  of  neutrals,  bearing  date 
the  nth  of  November,  1807,  I  transmit  them  to  Congress,  as  a  further 
proof  of  the  increasing  dangers  to  our  navigation  and  commerce,  which 
led  to  the  provident  measure  of  the  act  of  the  present  session  laying  an 
embargo  on  our  own  vessels. 

TH:  JEFFERSON. 

February  4,  1808. 
To  the  House  of  Representatives  of  the  United  States: 

In  my  message  of  January  20  I  stated  that  some  papers  forwarded  by 
Mr.  Daniel  Clark,  of  New  Orleans,  to  the  Secretary  of  State  in  1803  had 
not  then  been  found  in  the  Office  of  State,  and  that  a  letter  had  been 
addressed  to  the  former  chief  clerk,  in  the  hope  that  he  might  advise 
where  they  should  be  sought  for.  By  indications  received  from  him 
they  are  now  found.  Among  them  are  two  letters  from  the  Baron  de 
Carondelet  to  an  officer  serving  under  him  at  a  separate  post,  in  which 
his  views  of  a  dismemberment  of  our  Union  are  expressed.  Extracts 
of  so  much  of  these  letters  as  are  within  the  scope  of  the  resolution  of 
the  House  are  now  communicated.  With  these  were  found  the  letters 
written  by  Mr.  Clark  to  the  Secretary  of  State  in  1803.  A  part  of 
one  only  of  these  relates  to  this  subject,  and  is  extracted  and  inclosed 
for  the  information  of  the  House.  In  no  part  of  the  papers  communi- 
cated by  Mr.  Clark,  which  are  voluminous  and  in  different  languages, 
nor  in  his  letters,  have  we  found  any  intimation  of  the  corrupt  receipt 
of  money  by  any  officer  of  the  United  States  from  any  foreign  agent. 
As  to  the  combinations  with  foreign  agents  for  dismembering  the  Union, 
these  papers  and  letters  offer  nothing  which  was  not  probably  known  to 


440  Messages  and  Papers  of  the  Presidents 

my  predecessors,  or  which  could  call  anew  for  inquiries,  which  they  had 
not  thought  necessar>'  to  institute,  when  the  facts  were  recent  and  could 
be  better  proved.  They  probably  believed  it  best  to  let  pass  into  obliv- 
ion transactions  which,  however  culpable,  had  commenced  before  this 
Government  existed,  and  had  been  finally  extinguished  by  the  treaty  of 

1795- 
TH:  JEFFERSON. 

February  9,  1808. 
To  the  Seriate  and  House  of  Representatives  of  the  United  States: 

I  communicate  to  Congress,  for  their  information,  a  letter  from  the 
person  acting  in  the  absence  of  our  consul  at  Naples,  giving  reason  to 
believe,  on  the  affidavit  of  a  Captain  Sheffield,  of  the  American  schooner 
Mary  Ann,  that  the  Dey  of  Algiers  has  commenced  war  against  the 
United  States.  For  this  no  just  cause  has  been  given  on  our  part  within 
my  knowledge.  We  may  daily  expect  more  authentic  and  particular 
information  on  the  subject  from  Mr.  Lear,  who  was  residing  as  our  con- 
sul at  Algiers. 

TH:  JEFFERSON. 

February  15,  1808. 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

I  communicate  for  the  information  of  Congress  a  letter  from  the  consul 
of  the  United  States  at  Malaga  to  the  Secretary  of  State,  covering  one 
from  Mr.  I^ear,  our  consul  at  Algiers,  which  gives  information  that  the 
rupture  threatened  on  the  part  of  the  Dey  of  Algiers  has  been  amicably 
settled,  and  the  vessels  seized  by  him  are  liberated. 

TH:  JEFFERSON. 

February  19,  1808. 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

The  States  of  Pennsylvania,  Maryland,  and  Virginia  having  by  their 
several  acts  consented  that  the  road  from  Cumberland  to  the  State  of 
Ohio,  authorized  by  the  act  of  Congress  of  the  29th  of  March,  1806, 
should  pass  through  those  States,  and  the  report  of  the  commissioners, 
communicated  to  Congress  with  my  message  of  the  31st  January,  1807, 
having  been  duly  considered,  I  have  approved  of  the  route  therein  pro- 
posed for  the  said  road  as  far  as  Brownsville,  with  a  single  deviation, 
since  located,  which  carries  it  through  Uniontown. 

From  thence  the  course  to  the  Ohio  and  the  point  within  the  legal 
limits  at  which  it  shall  strike  that  river  is  still  to  be  decided.  In  form- 
ing this  decision  I  shall  pay  material  regard  to  the  interests  and  wishes 
of  the  populous  parts  of  the  State  of  Ohio  and  to  a  future  and  convenient 


Thotnas  Jefferson  441 

connection  with  the  road  which  is  to  lead  from  the  Indian  boundary  near 
Cincinnati  by  Vincennes  to  the  Mississippi  at  St.  Louis,  under  authority 
of  the  act  of  the  21st  April,  1806.  In  this  way  we  may  accomplish  a 
continued  and  advantageous  line  of  communication  from  the  seat  of  the 
General  Government  to  St.  Louis,  passing  through  several  very  interest- 
ing points  of  the  Western  country. 

I  have  thought  it  advisable  also  to  secure  from  obliteration  the  trace 
of  the  road  so  far  as  it  has  been  approved,  which  has  been  executed  at 
such  considerable  expense,  by  opening  one-half  of  its  breadth  through 
its  whole  length. 

The  report  of  the  commissioners,  herewith  transmitted,  will  give  par- 
ticular information  of  their  proceedings  under  the  act  of  the  29th  March, 
1806,  since  the  date  of  my  message  of  the  31st  January,  1807,  and  will 
enable  Congress  to  adopt  such  further  measures  relative  thereto  as  they 
may  deem  proper  under  existing  circumstances. 

TH:  JEFFERSON. 

February  25,  1808. 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

The  dangers  to  our  country  arising  from  the  contests  of  other  nations 
and  the  urgency  of  making  preparation  for  whatever  events  might  affect 
our  relations  with  them  have  been  intimated  in  preceding  messages  to 
Congress.  To  secure  ourselves  by  due  precautions  an  augmentation  of  our 
military  force,  as  well  regular  as  of  volunteer  militia,  seems  to  be  expe- 
dient. The  precise  extent  of  that  augmentation  can  not  as  yet  be  satis- 
factorily suggested,  but  that  no  time  may  be  lost,  and  especiallj'  at  a 
season  deemed  favorable  to  the  object,  I  submit  to  the  wisdom  of  the 
Legislature  whether  they  will  authorize  a  commencement  of  this  precau- 
tionary work  by  a  present  provision  for  raising  and  organizing  some 
additional  force,  reserving  to  themselves  to  decide  its  ultimate  extent  on 
such  views  of  our  situation  as  I  may  be  enabled  to  present  at  a  future 
day  of  the  session. 

If  an  increase  of  force  be  now  approved,  I  submit  to  their  considera- 
tion the  outlines  of  a  plan  proposed  in  the  inclosed  letter  from  the  Secre- 
tary of  War. 

I  recommend  also  to  the  attention  of  Congress  the  term  at  which  the 

act  of  April  18,  1806,  concerning  the  militia,  will  expire,  and  the  effect 

of  that  expiration. 

TH:  JEFFERSON. 

February  26,  1808. 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

I  inclose,  for  the  information  of  Congress,  letters  recently  received  from 
our  ministers  at  Paris  and  London,  communicating  their  representations 


442  Messages  and  Papers  of  the  Presidents 

against  the  late  decrees  and  orders  of  France  and  Great  Britain,  heretofore 
transmitted  to  Congress.  These  documents  will  contribute  to  the  infor- 
mation of  Congress  as  to  the  dispositions  of  those  powers  and  the  probable 
course  of  their  proceedings  toward  neutrals,  and  will  doubtless  have  their 
due  influence  in  adopting  the  measures  of  the  Legislature  to  the  actual 
crisis. 

Although  nothing  forbids  the  general  matter  of  these  letters  from  being 
spoken  of  without  reserve,  yet  as  the  publication  of  papers  of  this  descrip- 
tion would  restrain  injuriously  the  freedom  of  our  foreign  correspondence, 
they  are  communicated  so  far  confidentially  and  with  a  request  that  after 
being  read  to  the  satisfaction  of  both  Houses  they  may  be  returned. 

TH:  JEFFERSON. 

March  i,  1808, 
To  the  Senate  of  the  United  States: 

In  compliance  with  the  resolution  of  the  Senate  of  February  26,  I  now 
lay  before  them  such  memorials  and  petitions  for  the  district  of  Detroit, 
and  such  other  information  as  is  in  my  possession,  in  relation  to  the  con- 
duct of  William  Hull,  governor  of  the  Territory  of  Michigan,  and  Stanley 
Griswold,  esq.,  while  acting  as  secretary  of  that  Territory. 

TH:  JEFFERSON. 

March  2,  1808. 
To  the  Senate  of  the  United  States: 

In  compliance  with  the  resolution  of  the  Senate  of  November  30,  1807, 
I  now  transmit  a  report  of  the  Secretary  of  State  on  the  subject  of  im- 
pressments, as  requested  in  that  resolution.  The  great  volume  of  the 
documents  and  the  time  necessary  for  the  investigation  will  explain  to 
the  Senate  the  causes  of  the  delay  which  has  intervened. 

TH:  JEFFERSON. 

March  7,  1808. 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

In  the  city  of  New  Orleans  and  adjacent  to  it  are  sundry  parcels  of 
ground,  some  of  them  with  buildings  and  other  improvements  on  them, 
which  it  is  my  duty  to  present  to  the  attention  of  the  Legislature.  The 
title  to  these  grounds  appears  to  have  been  retained  in  the  former  sov- 
ereigns of  the  Province  of  Louisiana  as  public  fiduciaries  and  for  the 
purposes  of  the  Province.  Some  of  them  were  used  for  the  residence  of 
the  governor,  for  public  offices,  hospitals,  barracks,  magazines,  fortifica- 
tions, levees,  etc.,  others  for  the  townhouse,  schools,  markets,  landings, 
and  other  purposes  of  the  city  of  New  Orleans;  some  were  held  by  reli- 
gious corporations  or  persons,  others  seem  to  have  been  reserved  for  future 
disposition.     To  these  must  be  added  a  parcel  called  the  Batture,  which 


Thomas  Jefferso7i  443 

requires  more  particular  description.  It  is  understood  to  have  been  a 
shoal  or  elevation  of  the  bottom  of  the  river  adjacent  to  the  bank  of  the 
suburbs  of  St.  Mary,  produced  by  the  successive  depositions  of  mud  dur- 
ing the  annual  inundations  of  the  river,  and  covered  with  water  only 
during  those  inundations.  At  all  other  .seasons  it  has  been  u.sed  by  the 
city  immemorially  to  furni.sh  earth  for  raising  their  streets  and  court- 
yards, for  mortar,  and  other  necessary  purposes,  and  as  a  landing  or  quay 
for  unlading  firewood,  lumber,  and  other  articles  brought  by  water. 
This  having  been  lately  claimed  by  a  private  individual,  the  city  opposed 
the  claim  on  a  supposed  legal  title  in  itself;  but  it  has  been  adjudged 
that  the  legal  title  was  not  in  the  city.  It  is,  however,  alleged  that  that 
title,  originally  in  the  former  sovereigns,  was  never  parted  with  by  them, 
but  was  retained  in  them  for  the  uses  of  the  city  and  Province,  and  con- 
sequently has  now  passed  over  to  the  United  States.  Until  this  question 
can  be  decided  under  legislative  authority,  measures  have  been  taken 
according  to  law  to  prevent  any  change  in  the  state  of  things  and  to 
keep  the  grounds  clear  of  intruders.  The  settlement  of  this  title,  the 
appropriation  of  the  grounds  and  improvements  formerly  occupied  for 
provincial  purposes  to  the  same  or  such  other  objects  as  may  be  better 
suited  to  present  circumstances,  the  confirmation  of  the  uses  in  other 
parcels  to  such  bodies,  corporate  or  private,  as  may  of  right  or  on  other 
reasonable  considerations  expect  them,  are  matters  now  submitted  to  the 
determination  of  the  I^egislature. 

The  papers  and  plans  now  transmitted  will  give  them  such  information 
on  the  subject  as  I  possess,  and  being  mostly  originals,  I  must  request 
that  they  may  be  communicated  from  the  one  to  the  other  House,  to 
answer  the  purposes  of  both. 

TH:  JEFFERSON. 


March  id,  1808. 
To  the  Senate  of  the  United  States: 

.  A  purchase  having  lately  been  made  from  the  Cherokee  Indians  of  a 
tract  of  land  6  miles  square  at  the  mouth  of  the  Chickamogga,  on  the 
Tennessee,  I  now  lay  the  treaty  and  papers  relating  to  it  before  the  Sen- 
ate, with  an  explanation  of  the  views  which  have  led  to  it. 

It  was  represented  that  there  was  within  that  tract  a  great  abundance 
of  iron  ore  of  excellent  quality,  with  a  stream  and  fall  of  water  suitable 
for  iron  works;  that  the  Cherokees  were  anxious  to  have  works  estab- 
lished there,  in  the  hope  of  having  a  better  supply  of  those  implements  of 
household  and  agriculture  of  which  they  have  learned  the  use  and  neces- 
sity, but  on  the  condition  that  they  should  be  under  the  authority  and 
control  of  the  United  States. 

As  such  an  establishment  would  occasion  a  considerable  and  certain 
demand  for  corn  and  other  provisions  and  necessaries,  it  seemed  probable 


444  Messages  and  Papers  of  the  Presidents 

that  it  would  immediately  draw  around  it  a  close  settlement  of  the  Cher- 
okees,  would  encourage  them  to  enter  on  a  regular  life  of  agriculture, 
familiarize  them  with  the  practice  and  value  of  the  arts,  attach  them  to 
property,  lead  them  of  necessity  and  without  delay  to  the  establishment 
of  laws  and  government,  and  thus  make  a  great  and  important  advance 
toward  assimilating  their  condition  to  ours.  At  the  same  time  it  offers 
considerable  accommodation  to  the  Government  by  enabling  it  to  obtain 
more  conveniently  than  it  now  can  the  necessary  supplies  of  cast  and 
wrought  iron  for  all  the  Indians  south  of  the  Tennessee,  and  for  those  also 
to  whom  St.  Louis  is  a  convenient  deposit,  and  will  benefit  such  of  our 
own  citizens  likewise  as  shall  be  within  its  reach.  Under  these  views  the 
purchase  has  been  made,  with  the  con.sent  and  desire  of  the  great  bod)'^ 
of  the  nation,  although  not  without  some  dissenting  members,  as  must 
be  the  case  will  all  collections  of  men.  But  it  is  represented  that  the 
dissentients  are  few,  and  under  the  influence  of  one  or  two  interested 
individuals.  It  is  by  no  means  proposed  that  these  works  should  be 
conducted  on  account  of  the  United  States.  It  is  understood  that  there 
are  private  individuals  ready  to  erect  them,  subject  to  such  reasonable 
rent  as  may  secure  a  reimbursement  to  the  United  States,  and  to  such 
other  conditions  as  shall  secure  to  the  Indians  their  rights  and  tran- 
quillity. 

The  instrument  is  now  submitted  to  the  Senate,  with  a  request  of  their 
advice  and  consent  as  to  its  ratification. 

TH:  JEFFERSON. 

March  17,  1808. 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

I  have  heretofore  communicated  to  Congress  the  decrees  of  the  Gov- 
ernment of  France  of  November  21,  1806,  and  of  Spain  of  February  19, 
1807,  with  the  orders  of  the  British  Government  of  January  and  Novem- 
ber, 1807. 

I  now  transmit  a  decree  of  the  Emperor  of  France  of  December  17, 1807, 
and  a  similar  decree  of  the  3d  of  January  last  by  His  Catholic  Majesty. 
Although  the  decree  of  France  has  not  been  received  by  official  com- 
munication, yet  the  different  channels  of  promulgation  through  which 
the  public  are  possessed  of  it,  with  the  formal  testimony  furnished  by 
the  Government  of  Spain  in  their  decree,  leave  us  without  a  doubt  that 
such  a  one  has  been  issued.  These  decrees  and  orders,  taken  together, 
want  little  of  amounting  to  a  declaration  that  every  neutral  vessel  found 
on  the  high  seas,  whatsoever  be  her  cargo  and  whatsoever  foreign  port  be 
that  of  her  departure  or  destination,  shall  be  deemed  lawful  prize ;  and 
they  prove  more  and  more  the  expediency  of  retaining  our  vessels,  our 
seamen,  and  property  within  our  own  harbors  until  the  dangers  to  which 
they  are  exposed  can  be  removed  or  lessened. 

TH:  JEFFERSON. 


Thomas  Jefferson  445 

March  18,  1808. 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

The  scale  on  which  the  Military  Academy  at  West  Point  was  originally 
established  is  become  too  limited  to  furnish  the  number  of  well-instructed 
subjects  in  the  different  branches  of  artillery  and  engineering  which  the 
public  service  calls  for.  The  want  of  such  characters  is  already  sensibly 
felt,  and  will  be  increased  with  the  enlargement  of  our  plans  of  military 
preparation.  The  chief  engineer,  having  been  instructed  to  consider  the 
subject  and  to  propose  an  augmentation  which  might  render  the  estab- 
lishment commensurate  with  the  present  circumstances  of  our  country, 
has  made  the  report  which  I  now  transmit  for  the  consideration  of  Con- 
gress. 

The  idea  suggested  by  him  of  removing  the  institution  to  this  place 
is  also  worthy  of  attention.  Besides  the  advantage  of  placing  it  under 
the  immediate  eye  of  the  Government,  it  may  render  its  benefits  common 
to  the  Naval  Department,  and  will  furnish  opportunities  of  selecting  on 
better  information  the  characters  most  qualified  to  fulfill  the  duties  which 
the  public  service  may  call  for. 

TH:  JEFFERSON. 

March  22,  1808. 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

At  the  opening  of  the  present  session  I  informed  the  Legislature  that 
the  measures  which  had  been  taken  with  the  Government  of  Great 
Britain  for  the  settlement  of  our  neutral  and  national  rights  and  of  the 
conditions  of  commercial  intercourse  with  that  nation  had  resulted  in 
articles  of  a  treaty  which  could  not  be  acceded  to  on  our  part;  that 
instructions  had  been  consequently  sent  to  our  ministers  there  to  resume 
the  negotiations,  and  to  endeavor  to  obtain  certain  alterations,  and  that 
this  was  interrupted  by  the  transaction  which  took  place  between  the 
frigates  Leopard  and  Chesapeake.  The  call  on  that  Government  for  rep- 
aration of  this  wrong  produced,  as  Congress  has  been  already  informed, 
the  mission  of  a  special  minister  to  this  country,  and  the  occasion  is  now 
arrived  when  the  public  interest  permits  and  requires  that  the  whole  of 
these  proceedings  should  be  made  known  to  you. 

I  therefore  now  communicate  the  instructions  given  to  our  minister 
resident  at  London  and  his  communications  with  that  Government  on  the 
subject  of  the  Chesapeake ,  with  the  correspondence  which  has  taken  place 
here  between  the  Secretary  of  State  and  Mr.  Rose,  the  special  minister 
charged  with  the  adjustment  of  that  difference;  the  instructions  to  our 
ministers  for  the  formation  of  a  treaty;  their  correspondence  with  the 
British  commissioners  and  with  their  own  Government  on  that  subject; 
the  treaty  itself  and  written  declaration  of  the  British  commissioners 
accompanying  it,  and  the  instructions  given  by  us  for  resuming  the 


446  Messages  and  Papers  of  the  Presidents 

negotiation,  with  the  proceedings  and  correspondence  subsequent  thereto. 
To  these  I  have  added  a  letter  lately  addressed  to  the  Secretary  of  State 
from  one  of  our  late  ministers,  which,  though  not  strictly  written  in  an 
official  character,  I  think  it  ray  duty  to  communicate,  in  order  that  his 
views  of  the  proposed  treaty  and  of  its  several  articles  may  be  fairly  pre- 
sented and  understood. 

Although  I  have  heretofore  and  from  time  to  time  made  such  communi- 
cations to  Congress  as  to  keep  them  possessed  of  a  general  and  just  view 
of  the  proceedings  and  dispositions  of  the  Government  of  France  toward 
this  country,  yet  in  our  present  critical  situation,  when  we  find  that 
no  conduct  on  our  part,  however  impartial  and  friendly,  has  been  suffi- 
cient to  insure  from  either  belligerent  a  just  respect  for  our  rights,  I  am 
desirous  that  nothing  shall  be  omitted  on  my  part  which  may  add  to  your 
information  on  this  subject  or  contribute  to  the  correctness  of  the  views 
which  should  be  formed.  The  papers  which  for  these  reasons  I  now  lay 
before  you  embrace  all  the  communications,  official  or  verbal,  from  the 
French  Government  respecting  the  general  relations  between  the  two 
countries  which  have  been  transmitted  through  our  minister  there,  or 
through  any  other  accredited  channel,  since  the  last  session  of  Congress, 
to  which  time  all  information  of  the  same  kind  had  from  time  to  time 
been  given  them.  Some  of  these  papers  have  alread}^  been  submitted  to 
Congress,  but  it  is  thought  better  to  offer  them  again  in  order  that  the 
chain  of  communications  of  which  they  make  a  part  may  be  presented 
unbroken. 

When,  on  the  26th  of  February,  I  communicated  to  both  Houses  the 
letter  of  General  Armstrong  to  M.  Champagny,  I  desired  it  might  not  be 
published  because  of  the  tendency  of  that  practice  to  restrain  injuriously 
the  freedom  of  our  foreign  correspondence.  But  perceiving  that  this  cau- 
tion, proceeding  purely  from  a  regard  to  the  public  good,  has  furnished 
occasion  for  disvseminating  unfounded  suspicions  and  insinuations,  I  am 
induced  to  believe  that  the  good  which  will  now  result  from  its  publica- 
tion, by  confirming  the  confidence  and  union  of  our  fellow-citizens,  will 
more  than  countervail  the  ordinary  objection  to  such  publications.  It  is 
my  wish,  therefore,  that  it  may  be  now  published. 

TH:  JEFFERSON. 

March  22,  1808. 
To  the  Senate  a7id  House  of  Representatives  of  the  Ujiited  States: 

In  a  separate  message  of  this  date  I  have  communicated  to  Congress 
so  much  as  may  be  made  public  of  papers  which  give  a  full  view  of  the 
present  state  of  our  relations  with  the  two  contending  powers,  France 
and  England.  Everyone  must  be  sensible  that  in  the  details  of  instruc- 
tions for  negotiating  a  treaty  and  in  the  correspondence  and  conferences 
respecting  it  matters  will  occur  which  interest  sometimes  and  sometimes 


Thomas  Jefferson  447 

respect  or  other  proper  motives  forbid  to  be  made  public.  To  recon- 
cile my  duty  in  this  particular  with  my  desire  of  letting  Congress  know 
everything  which  can  give  them  a  full  understanding  of  the  subjects  on 
which  they  are  to  act,  I  have  suppressed  in  the  documents  of  the  other 
message  the  parts  which  ought  not  to  be  made  public  and  have  given 
them  in  the  supplementary  and  confidential  papers  herewith  inclosed, 
with  such  references  as  that  they  may  be  read  in  their  original  places  as 
if  still  standing  in  them;  and  when  these  confidential  papers  shall  have 
been  read  to  the  satisfaction  of  the  House,  I  request  their  return,  and  that 
their  contents  may  not  be  made  public. 

TH:  JEFFERSON. 

March  25,  1808. 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

In  proceeding  to  carry  into  execution  the  act  for  fortifying  our  forts 
and  harbors  it  is  found  that  the  sites  most  advantageous  for  their  defense, 
and  sometimes  the  only  sites  competent  to  that  defense,  are  in  some  cases 
the  property  of  minors  incapable  of  giving  a  valid  consent  to  their  aliena- 
tion; in  others  belong  to  persons  who  may  refuse  altogether  to  alienate, 
or  demand  a  compensation  far  beyond  the  liberal  justice  allowable  in  such 
cases.  From  these  causes  the  defense  of  our  seaboard,  so  necessar>'  to 
be  pressed  during  the  present  season,  will  in  various  parts  be  defeated 
unless  a  remedy  can  be  applied.  With  a  view  to  this  I  submit  the  case 
to  the  consideration  of  Congress,  who,  estimating  its  importance  and 
reviewing  the  powers  vested  in  them  by  the  Constitution,  combined  with 
the  amendment  providing  that  private  property  shall  not  be  taken  for 
public  use  without  just  compensation,  will  decide  on  the  course  most 
proper  to  be  pursued. 

I  am  aware  that  as  the  consent  of  the  legislature  of  the  State  to  the 
purchase  of  the  site  may  not  in  some  instances  have  been  previously 
obtained,  exclusive  legislation  can  not  be  exercised  therein  by  Congress 
until  that  consent  is  given.  But  in  the  meantime  it  will  be  held  under 
the  same  laws  which  protect  the  property  of  individuals  and  other  prop- 
erty of  the  United  States  in  the  same  State,  and  the  legislatures  at  their 
next  meetings  will  have  opportunities  of  doing  what  will  be  so  evidently 
called  for  by  the  particular  interest  of  their  own  State. 

TH:  JEFFERSON. 

March  25,  1808. 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

I  now  lay  before  Congress  a  statement  of  the  militia  of  the  United 
States  according  to  the  latest  returns  received  by  the  Department  of 
War.     From  the  State  of  Delaware  alone  no  return  has  been  made. 

TH:  JEFFERSON. 


448  Messages  and  Papers  of  the  Presidents 

March  25,  1808. 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

I  trausmit  to  both  Houses  of  Congress  a  report  from  the  surveyor  of 
the  public  buildings  of  the  progress  made  on  them  during  the  last  session, 
of  their  present  state,  and  of  that  of  the  funds  appropriated  to  them. 
These  hav^e  been  much  exceeded  by  the  cost  of  the  work  done,  a  fact  not 
known  to  me  till  the  close  of  the  season.  The  circumstances  from  which 
it  arose  are  stated  in  the  report  of  the  surveyor. 

TH:  JEFFERSON. 

March  29,  1808. 
To  the  Senate  of  the  United  States: 

When  the  convention  of  the  7th  of  January,  1806,  was  entered  into 
with  the  Cherokees  for  the  purchase  of  certain  lands,  it  was  believed  by 
both  parties  that  the  eastern  limit,  when  run  in  the  direction  therein 
prescribed,  would  have  included  all  the  waters  of  Elk  River.  On  pro- 
ceeding to  run  that  line,  however,  it  was  found  to  omit  a  considerable 
extent  of  those  waters,  on  which  were  already  settled  about  200  families. 
The  Cherokees  readily  consented,  for  a  moderate  compensation,  that  the 
line  should  be  so  run  as  to  include  all  the  waters  of  that  river.  Our  com- 
missioners accordingly  entered  into  an  explanatory  convention  for  that 
purpose,  which  I  now  lay  before  the  Senate  for  consideration  whether 
they  will  advise  and  consent  to  its  ratification.  A  letter  from  one  of  the 
commissioners,  now  also  inclosed,  will  more  fully  explain  the  circum- 
stances which  led  to  it. 

I/ieutenant  Pike  on  his  journey  up  the  Mississippi  in  1805-6,  being  at 
the  village  of  the  Sioux,  between  the  rivers  St.  Croix  and  St.  Peters, 
conceived  that  the  position  was  favorable  for  a  military  and  commercial 
post  for  the  United  States  whenever  it  should  be  thought  expedient  to 
advance  in  that  quarter.  He  therefore  proposed  to  the  chiefs  a  cession 
of  lands  for  that  purpose.  Their  desire  of  entering  into  connection  with 
the  United  States  and  of  getting  a  trading  house  established  there  induced 
a  ready  consent  to  the  proposition,  and  they  made,  by  articles  of  agree- 
ment now  inclosed,  a  voluntary  donation  to  the  United  States  of  two 
portions  of  land,  the  one  of  9  miles  square  at  the  mouth  of  the  St. 
Croix,  the  other  from  below  the  mouth  of  St.  Peters  up  the  Mississippi 
to  St.  Anthonys  Falls,  extending  9  miles  in  width  on  each  side  of  the 
Mississippi.  These  portions  of  land  are  designated  on  the  map  now 
inclosed.  Lieutenant  Pike  on  his  part  made  presents  to  the  Indians  to 
some  amount.  This  convention,  though  dated  the  23d  of  September, 
1805,  is  but  lately  received,  and  although  we  have  no  immediate  view 
of  establishing  a  trading  post  at  that  place,  I  submit  it  to  the  Senate 
for  the  sanction  of  their  advice  and  consent  to  its  ratification,  in  order 
to  give  to  our  title  a  full  validity  on  the  part  of  the  United  States,  when- 


Thomas  Jefferson  449 

ever  it  may  be  wanting,  for  the  special  purpose  which  constituted  in 
the  mind  of  the  donors  the  sole  consideration  and  inducement  to  the 
cession. 

TH:  JEFFERSON. 


March  30,  1808. 
To  the  Setiate  and  House  of  Representatives  of  the  United  States: 

Since  my  message  of  the  2  2d  instant  letters  have  been  received  from 
our  ministers  at  Paris  and  I,ondon,  extracts  from  which,  with  a  letter  to 
General  Armstrong  from  the  French  minister  of  foreign  relations,  and  a 
letter  from  the  British  envoy  residing  here  to  the  Secretary  of  State,  I 
now  communicate  to  Congress.  They  add  to  the  materials  for  estimat- 
ing the  dispositions  of  those  Governments  toward  this  country. 

The  proceedings  of  both  indicate  designs  of  drawing  us,  if  possible,  into 
the  vortex  of  their  contests;  but  every  new  information  confirms  the 
prudence  of  guarding  against  these  designs  as  it  does  of  adhering  to  the 
precautionary  system  hitherto  contemplated. 

TH:  JEFFERSON. 

Aprii,  2,  1808. 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

Believing  that  the  confidence  and  union  of  our  fellow-citizens  at  the 
present  crisis  will  be  still  further  confirmed  by  the  publication  of  the 
letter  of  Mr.  Champagny  to  General  Armstrong  and  that  of  Mr.  Erskine 
to  the  Secretary  of  State,  communicated  with  my  message  of  the  30th 
ultimo,  and  therefore  that  it  may  be  useful  to  except  them  from  the  con- 
fidential character  of  the  other  documents  accompanying  that  message, 
I  leave  to  the  consideration  of  Congress  the  expediency  of  making  them 
public. 

TH:  JEFFERSON. 

Aprii.  8,  1808. 
To  the  Senate  of  the  United  States: 

Agreeably  to  the  request  of  the  Senate  in  their  resolution  of  yester- 
day, I  have  examined  my  papers  and  find  no  letter  from  Matthew  Nimmo 
of  the  date  of  November  28,  1806,  nor  any  other  from  him  of  any  date 
but  that  of  January  23,  1807,  now  transmitted,  with  all  the  papers  in 
my  possession  which  accompanied  it.  Nor  do  I  find  any  letter  from 
John  Smith,  of  Ohio,  bearing  date  at  any  time  in  the  month  of  January, 
1807. 

Having  delivered  to  the  Attorney-General  all  the  papers  respecting 
the  conspiracy  of  Aaron  Burr  which  came  to  my  hands  during  or  before 
his  prosecution,  I  might  suppose  the  letters  above  requested  had  been 
M  P — vol,  I — 29 


450  Messages  and  Papers  of  the  Presidents 

delivered  to  him;  but  I  must  add  my  belief  that  I  never  received  such 
letters,  and  the  ground  of  it.  I  am  in  the  habit  of  noting  daily  in  the 
list  kept  for  that  purpose  the  letters  I  receive  daily  by  the  names  of  the 
writers,  and  dates  of  time,  and  place,  and  this  has  been  done  with  such 
exactness  that  I  do  not  recollect  ever  to  have  detected  a  single  omission. 
I  have  carefully  examined  that  list  from  the  ist  of  November,  1806,  to 
the  last  of  June,  1807,  and  I  find  no  note  within  that  period  of  the 
receipt  of  any  letter  from  Matthew  Ninimo  but  that  now  transmitted, 
nor  of  any  one  of  the  date  of  January,  1807,  from  John  Smith,  of  Ohio. 
The  letters  noted  as  received  from  him  within  that  period  are  dated 
at  Washington,  February  2,  2,  7,  and  21,  which  I  have  examined,  and 
find  relating  to  subjects  entirely  foreign  to  the  objects  of  the  resolution 
of  the  7th  instant;  and  others,  dated  at  Cincinnati,  March  27,  April  6,  13, 
and  17,  which,  not  being  now  in  my  possession,  I  presume  have  related 
to  Burr's  conspiracy,  and  have  been  delivered  to  the  Attorney -General. 
I  recollect  nothing  of  their  particular  contents.  I  must  repeat,  therefore, 
my  firm  belief  that  the  letters  of  Nimmo  of  November  28,  1806,  and  of 
John  Smith  of  January,  1807,  never  came  to  my  hands,  and  that  if  such 
were  written  (and  Nimmo' s  letter  expressly  mentions  his  of  November 
28),  they  have  been  intercepted  or  otherwise  miscarried. 

TH:  JEFFERSON. 


April  22,  1808. 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

I  transmit  to  both  Houses  of  Congress  a  letter  from  the  envoy  of  His 
Britannic  Majesty  at  this  place  to  the  Secretary  of  State  on  the  subject 
of  certain  British  claims  to  lands  in  the  Territory  of  Mississippi,  relative 
to  which  several  acts  have  been  heretofore  passed  by  the  Legislature. 

TH:  JEFFERSON. 


PROCLAMATION. 

By  the  President  of  the  United  States  of  America, 
a  proclamation. 

Whereas  information  has  been  received  that  sundry  persons  are  com- 
bined or  combining  and  confederating  together  on  Lake  Champlain  and 
the  country  thereto  adjacent  for  the  purposes  of  forming  insurrections 
against  the  authority  of  the  laws  of  the  United  States,  for  opposing  the 
same  and  obstructing  their  execution,  and  that  such  combinations  are 


Thomas  Jefferson  451 

too  powerful  to  be  suppressed  by  the  ordinary  course  of  judicial  proceed- 
ings or  by  the  powers  vested  in  the  marshals  by  the  laws  of  the  United 
States: 

Now,  therefore,  to  the  end  that  the  authority  of  the  laws  may  be  main- 
tained, and  that  those  concerned,  directly  or  indirectly,  in  any  insurrec- 
tion or  combination  against  the  same  may  be  duly  warned,  I  have  issued 
this  my  proclamation,  hereby  commanding  such  insurgents  and  all  con- 
cerned in  such  combination  instantly  and  without  delay  to  disperse  and 
retire  peaceably  to  their  respective  abodes.  And  I  do  hereby  further 
require  and  command  all  officers  having  authority,  civil  or  military,  and 
all  other  persons,  civil  or  military,  who  shall  be  found  within  the  vici- 
nage of  such  insurrections  or  combinations  to  be  aiding  and  assisting  by 
all  the  means  in  their  power,  by  force  of  arms  or  otherwise,  to  quell  and 
subdue  such  insurrections  or  combinations,  to  seize  upon  all  those  therein 
concerned  who  shall  not  instantly  and  without  delay  disperse  and  retire 
to  their  respective  abodes,  and  to  deliver  them  over  to  the  civil  authority 
of  the  place,  to  be  proceeded  against  according  to  law. 

In  testimony  whereof  I  have  caused  the  seal  of  the  United  States 
to  be  affixed  to  these  presents,  and  signed  the  same  with  my 
hand. 
[seal.]  Given  at  the  city  of  Washington,  the  19th  day  of  April,  1808, 
and  in  the  year  of  the  Sovereignty  and  Independence  of  the 
United  States  the  thirty-second. 

TH:  JEFFERSON. 
By  the  President : 

James  Madison, 

Secretary  of  State. 


EIGHTH  ANNUAL  MESSAGE. 

November  8,  1808. 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

It  would  have  been  a  source,  fellow-citizens,  of  much  gratification  if 
our  last  communications  from  Europe  had  enabled  me  to  inform  you 
that  the  belligerent  nations,  whose  disregard  of  neutral  rights  has  been 
so  destructive  to  our  commerce,  had  become  awakened  to  the  duty  and 
true  policy  of  revoking  their  unrighteous  edicts.  That  no  means  might 
be  omitted  to  produce  this  salutary  effect,  I  lost  no  time  in  availing 
myself  of  the  act  authorizing  a  suspension,  in  whole  or  in  part,  of  the  sev- 
eral embargo  laws.  Our  ministers  at  London  and  Paris  were  instructed 
to  explain  to  the  respective  Governments  there  our  di.sposition  to  exer- 
cise the  authority  in  such  manner  as  would  withdraw  the  pretext  on 


452  Messages  and  Papers  of  the  Presidents 

which  the  aggressions  were  originally  founded  and  open  the  way  for  a 
renewal  of  that  commercial  intercourse  which  it  was  alleged  on  all  sides 
had  been  reluctantly  obstructed.  As  each  of  those  Governments  had 
pledged  its  readiness  to  concur  in  renouncing  a  measure  which  reached 
its  adversary  through  the  incontestable  rights  of  neutrals  only,  and  as 
the  measure  had  been  assumed  by  each  as  a  retaliation  for  an  asserted 
acquiescence  in  the  aggressions  of  the  other,  it  was  reasonably  expected 
that  the  occasion  would  have  been  seized  by  both  for  evincing  the  sin- 
cerity of  their  professions,  and  for  restoring  to  the  commerce  of  the 
United  States  its  legitimate  freedom.  The  instructions  to  our  ministers 
with  respect  to  the  different  belligerents  were  necessarily  modified  with 
a  reference  to  their  different  circumstances,  and  to  the  condition  annexed 
by  law  to  the  Executive  power  of  suspension,  requiring  a  decree  of 
security  to  our  commerce  which  would  not  result  from  a  repeal  of  the 
decrees  of  France.  Instead  of  a  pledge,  therefore,  of  a  suspension  of 
the  embargo  as  to  her  in  case  of  such  a  repeal,  it  was  presumed  that  a 
sufficient  inducement  might  be  found  in  other  considerations,  and  par- 
ticularly in  the  change  produced  by  a  compliance  with  our  just  demands 
by  one  belligerent  and  a  refusal  by  the  other  in  the  relations  between 
the  other  and  the  United  States.  To  Great  Britain,  whose  power  on  the 
ocean  is  so  ascendant,  it  was  deemed  not  inconsistent  with  that  condition 
to  state  Explicitly  that  on  her  rescinding  her  orders  in  relation  to  the 
United  States  their  trade  would  be  opened  v/ith  her,  and  remain  shut 
to  her  enemy  in  case  of  his  failure  to  rescind  his  decrees  also.  From 
France  no  answer  has  been  received,  nor  any  indication  that  the  requi- 
site change  in  her  decrees  is  contemplated.  The  favorable  reception  of 
the  proposition  to  Great  Britain  was  the  less  to  be  doubted,  as  her  orders 
of  council  had  not  only  been  referred  for  their  vindication  to  an  acqui- 
escence on  the  part  of  the  United  States  no  longer  to  be  pretended,  but 
as  the  arrangement  proposed,  whilst  it  resisted  the  illegal  decrees  of 
France,  involved,  moreover,  substantially  the  precise  advantages  profess- 
edly aimed  at  by  the  British  orders.  The  arrangement  has  nevertheless 
been  rejected. 

This  candid  and  liberal  experiment  having  thus  failed,  and  no  other 
event  having  occurred  on  which  a  suspension  of  the  embargo  by  the 
Executive  was  authorized,  it  necessarily  remains  in  the  extent  originally 
given  to  it.  We  have  the  satisfaction,  however,  to  reflect  that  in  return 
for  the  privations  imposed  by  the  measure,  and  which  our  fellow-citizens 
in  general  have  borne  with  patriotism,  it  has  had  the  important  effects 
of  saving  our  mariners  and  our  vast  mercantile  property,  as  well. as  of 
affording  time  for  prosecuting  the  defensive  and  provisional  measures 
called  for  by  the  occasion.  It  has  demonstrated  to  foreign  nations  the 
moderation  and  firmness  which  govern  our  councils,  and  to  our  citizens 
the  neces.sity  of  uniting  in  support  of  the  laws  and  the  rights  of  their 
country,  and  has  thus  long  frustrated  those  usurpations  and  spoliations 


Thomas  Jefferson  453 

which,  if  resisted,  involved  war;  if  submitted  to,  sacrificed  a  vital  prin- 
ciple of  our  national  independence. 

Under  a  continuance  of  the  belligerent  measures  which,  in  defiance  of 
laws  which  consecrate  the  rights  of  neutrals,  overspread  the  ocean  with 
danger,  it  will  rest  with  the  wisdom  of  Congress  to  decide  on  the  course 
best  adapted  to  such  a  state  of  things;  and  bringing  with  them,  as  they 
do,  from  every  part  of  the  Union  the  sentiments  of  our  constituents,  my 
confidence  is  strengthened  that  in  forming  this  decision  they  will,  with 
an  unerring  regard  to  the  essential  rights  and  interests  of  the  nation, 
weigh  and  compare  the  painful  alternatives  out  of  which  a  choice  is  to 
be  made.  Nor  should  I  do  justice  to  the  virtues  which  on  other  occa- 
sions have  marked  the  character  of  our  fellow-citizens  if  I  did  not  cherish 
an  equal  confidence  that  the  alternative  chosen,  whatever  it  may  be,  will 
be  maintained  with  all  the  fortitude  and  patriotism  which  the  crisis  ought 
to  inspire. 

The  documents  containing  the  correspondences  on  the  subject  of  the 
foreign  edicts  against  our  commerce,  with  the  instructions  given  to  our 
ministers  at  lyondon  and  Paris,  are  now  laid  before  you. 

The  communications  made  to  Congress  at  their  last  session  explained 
the  posture  in  which  the  close  of  the  discussions  relating  to  the  attack  by 
a  British  ship  of  war  on  the  frigate  Chesapeake  left  a  subject  on  which 
the  nation  had  manifested  so  honorable  a  sensibility.  Every  view  of  what 
had  passed  authorized  a  belief  that  immediate  steps  would  be  taken  by 
the  British  Government  for  redressing  a  wrong  which  the  more  it  was 
investigated  appeared  the  more  clearly  to  require  what  had  not  been 
provided  for  in  the  special  mission.  It  is  found  that  no  steps  have  been 
taken  for  the  purpose.  On  the  contrary,  it  will  be  seen  in  the  documents 
laid  before  you  that  the  inadmissible  preliminary  which  obstructed  the 
adjustment  is  still  adhered  to,  and,  moreover,  that  it  is  now  brought  into 
connection  with  the  distinct  and  irrelative  case  of  the  orders  in  council. 
The  instructions  which  had  been  given  to  our  minister  at  London  with 
a  view  to  facilitate,  if  necessary,  the  reparation  claimed  by  the  United 
States  are  included  in  the  documents  communicated. 

Our  relations  with  the  other  powers  of  Europe  have  undergone  no 
material  changes  since  your  last  session.  The  important  negotiations 
with  Spain  which  had  been  alternately  suspended  and  resumed  neces- 
sarily experience  a  pause  under  the  extraordinary  and  interesting  crisis 
which  distinguishes  her  internal  situation. 

With  the  Barbary  Powers  we  continue  in  harmony,  with  the  exception 
of  an  unjustifiable  proceeding  of  the  Dey  of  Algiers  toward  our  consul  to 
that  Regency.  Its  character  and  circumstances  are  now  laid  before  you, 
and  will  enable  you  to  decide  how  far  it  may,  either  now  or  hereafter, 
call  for  any  measures  not  within  the  limits  of  the  Executive  authority. 

With  our  Indian  neighbors  the  public  peace  has  been  steadily  main- 
tained.    Some  instances  of  individual  wrong  have,  as  at  other  times, 


454  Messages  and  Papers  of  the  Presidents 

taken  place,  but  in  no  wise  implicating  the  will  of  the  nation.  Beyond 
the  Mississippi  the  loways,  the  Sacs,  and  the  Alabanias  have  delivered  up 
for  trial  and  punishment  individuals  from  among  themselves  accused  of 
murdering  citizens  of  the  United  States.  On  this  side  of  the  Mississippi 
the  Creeks  are  exerting  themselves  to  arrest  offenders  of  the  same  kind, 
and  the  Choctaws  have  manifested  their  readiness  and  desire  for  amicable 
and  just  arrangements  respecting  depredations  committed  by  disorderly 
persons  of  their  tribe.  And,  generally,  from  a  conviction  that  we  con- 
sider them  as  a  part  of  ourselves,  and  cherish  with  sincerity  their  rights 
and  interests,  the  attachment  of  the  Indian  tribes  is  gaining  strength 
daily — is  extending  from  the  nearer  to  the  more  remote,  and  will  amply 
requite  us  for  the  justice  and  friendship  practiced  toward  them.  Hus- 
bandry and  household  manufacture  are  advancing  among  them  more  rap- 
idly with  the  Southern  than  Northern  tribes,  from  circumstances  of  soil 
and  climate,  and  one  of  the  two  great  divisions  of  the  Cherokee  Nation 
have  now  under  consideration  to  solicit  the  citizenship  of  the  United 
States,  and  to  be  identified  with  us  in  laws  and  government  in  such  pro- 
gressive manner  as  we  shall  think  best. 

In  consequence  of  the  appropriations  of  the  last  session  of  Congress 
for  the  security  of  our  seaport  towns  and  harbors,  such  works  of  defense 
have  been  erected  as  seemed  to  be  called  for  by  the  situation  of  the  sev- 
eral places,  their  relative  importance,  and  the  scale  of  expense  indicated 
by  the  amount  of  the  appropriation.  These  works  w'ill  chiefly  be  finished 
in  the  course  of  the  present  season,  except  at  NewvYork  and  New  Or- 
leans, where  most  was  to  be  done;  and  although  a  great  proportion  of  the 
last  appropriation  has  been  expended  on  the  former  place,  yet  some  fur- 
ther views  will  be  submitted  to  Congress  for  rendering  its  security  entirely 
adequate  against  naval  enterprise.  A  view  of  what  has  been  done  at  the 
several  places,  and  of  what  is  proposed  to  be  done,  shall  be  communicated 
as  soon  as  the  several  reports  are  received. 

Of  the  gunboats  authorized  by  the  act  of  December  last,  it  has  been 
thought  necessary^  to  build  only  103  in  the  present  year.  These,  with 
those  before  possessed,  are  sufficient-  for  the  harbors  and  waters  most 
exposed,  and  the  residue  will  require  little  time  for  their  construction 
when  it  shall  be  deemed  necessary. 

Under  the  act  of  the  last  session  for  raising  an  additional  military  force 
so  many  officers  were  immediately  appointed  as  were  necessary  for  carry- 
ing on  the  business  of  recruiting,  and  in  proportion  as  it  advanced  others 
have  been  added.  We  have  reason  to  believe  their  success  has  been  sat- 
isfactory, although  such  returns  have  not  yet  been  received  as  enable  me 
to  present  you  a  statement  of  the  numbers  engaged. 

I  have  not  thought  it  necessary  in  the  course  of  the  last  season  to  call 
for  any  general  detachments  of  militia  or  of  volunteers  under  the  laws 
passed  for  that  purpose.  For  the  ensuing  season,  however,  they  will  be 
required  to  be  in  readiness  should  their  service  be  wanted.     Some  small 


Thomas  Jefferson  455 

and  special  detachments  have  l^een  necessary  to  maintain  the  laws  of 
embargo  on  that  portion  of  our  northern  frontier  which  offered  peculiar 
facilities  for  evasion,  but  these  were  replaced  as  soon  as  it  could  be  done 
by  bodies  of  new  recruits.  By  the  aid  of  these  and  of  the  armed  vessels 
called  into  service  in  other  quarters  the  spirit  of  disobedience  and  abuse, 
which  manifested  itself  early  and  with  sensible  effect  while  we  were 
unprepared  to  meet  it,  has  been  considerably  repressed. 

Considering  the  extraordinary  character  of  the  times  in  which  we  live, 
our  attention  should  unremittingly  be  fixed  on  the  safety  of  our  country. 
For  a  people  who  are  free,  and  who  mean  to  remain  so,  a  well  organized 
and  armed  militia  is  their  best  security.  It  is  therefore  incumbent  on 
us  at  every  meeting  to  revise  the  condition  of  the  militia,  and  to  ask 
ourselves  if  it  is  prepared  to  repel  a  powerful  enemy  at  every  point  of  our 
territories  exposed  to  invasion.  Some  of  the  States  have  paid  a  laudable 
attention  to  this  object,  but  every  degree  of  neglect  is  to  be  found  among 
others.  Congress  alone  having  the  power  to  produce  an  uniform  state 
of  preparation  in  this  great  organ  of  defense,  the  interests  which  they  so 
deeply  feel  in  their  own  and  their  country's  security  will  present  this  as 
among  the  most  important  objects  of  their  deliberation. 

Under  the  acts  of  March  1 1  and  April  23  respecting  arms,  the  diffi- 
culty of  procuring  them  from  abroad  during  the  present  situation  and 
dispositions  of  Europe  induced  us  to  direct  our  whole  efforts  to  the  means 
of  internal  supply.  The  public  factories  have  therefore  been  enlarged, 
additional  machineries  erected,  and,  in  proportion  as  artificers  can  be 
foiuid  or  forme'd,  their  effect,  already  more  than  doubled,  may  be  in- 
creased so  as  to  keep  pace  with  the  yearly  increase  of  the  militia.  The 
annual  sums  appropriated  by  the  latter  act  have  been  directed  to  the 
encouragement  of  private  factories  of  arms,  and  contracts  have  been 
entered  into  with  individual  undertakers  to  nearly  the  amount  of  the 
first  year's  appropriation. 

The  suspension  of  our  foreign  commerce,  produced  by  the  injustice  of 
the  belligerent  powers,  and  the  consequent  losses  and  sacrifices  of  our 
citizens  are  subjects  of  just  concern.  The  situation  into  which  we  have 
thus  been  forced  has  impelled  us  to  apply  a  portion  of  our  industry  and 
capital  to  internal  manufactures  and  improvements.  The  extent  of  this 
conversion  is  daily  increasing,  and  little  doubt  remains  that  the  estab- 
lishments formed  and  forming  will,  under  the  auspices  of  cheaper  mate- 
rials and  subsistence,  the  freedom  of  labor  from  taxation  with  us,  and 
of  protecting  duties  and  prohibitions,  become  permanent.  The  com- 
merce with  the  Indians,  too,  within  our  own  boundaries  is  likely  to 
receive  abundant  aliment  from  the  same  internal  source,  and  will  secure 
to  them  peace  and  the  progress  of  civilization,  undisturbed  by  practices 
hostile  to  both. 

The  accounts  of  the  receipts  and  expenditures  during  the  year  ending 
the  30th  of  September  last  being  not  yet  made  up,  a  correct  statement 


456  Messages  and  Papers  of  the  Presidents 

will  hereafter  be  transmitted  from  the  Treasury.  In  the  meantime  it 
is  ascertained  that  the  receipts  have  amounted  to  near  $18,000,000, 
which,  with  the  eight  millions  and  a  half  in  the  Treasury  at  the  begin- 
ning of  the  year,  have  enabled  us,  after  meeting  the  current  demands 
and  interest  incurred,  to  pay  $2,300,000  of  the  principal  of  our  funded 
debt,  and  left  us  in  the  Treasury  on  that  day  near  $14,000,000.  Of 
these,  $5,350,000  will  be  necessary  to  pay  what  will  be  due  on  the  ist 
day  of  January  next,  which  will  complete  the  reimbursement  of  the  8  per 
cent  stock.  These  payments,  with  those  made  in  the  six  years  and  a 
half  preceding,  will  have  extinguished  $33,580,000  of  the  principal  of  the 
funded  debt,  being  the  whole  which  could  be  paid  or  purchased  within 
the  limits  of  the  law  and  of  our  contracts,  and  the  amount  of  principal 
thus  discharged  will  have  liberated  the  revenue  from  about  $2,000,000 
of  interest  and  added  that  sum  annually  to  the  disposable  surplus.  The 
probable  accumulation  of  the  surpluses  of  revenue  beyond  what  can  be 
applied  to  the  payment  of  the  public  debt  whenever  the  freedom  and 
safety  of  our  commerce  shall  be  restored  merits  the  consideration  of  ^on- 
gress.  Shall  it  lie  unproductive  in  the  public  vaults?  Shall  the  reve- 
nue be  reduced?  Or  shall  it  not  rather  be  appropriated  to  the  improve- 
ments of  roads,  canals,  rivers,  education,  and  other  great  foundations  of 
prosperity  and  union  under  the  powers  which  Congress  may  already  pos- 
sess or  such  amendment  of  the  Constitution  as  may  be  approved  by  the 
States?  While  uncertain  of  the  course  of  things,  the  time  may  be  advan- 
tageously employed  in  obtaining  the  powers  necessary  for  a  system  of 
improvement,  should  that  be  thought  best. 

Availing  myself  of  this  the  last  occasion  which  will  occur  of  address- 
ing the  two  Houses  of  the  Legislature  at  their  meeting,  I  can  not  omit  the 
expression  of  my  sincere  gratitude  for  the  repeated  proofs  of  confidence 
manifested  to  me  by  themselves  and  their  predecessors  since  my  call  to 
the  administration  and  the  manj^  indulgences  experienced  at  their  hands. 
The  same  grateful  acknowledgments  are  due  to  my  fellow-citizens  gener- 
ally, whose  support  has  been  my  great  encouragement  under  all  embar- 
rassments. In  the  transaction  of  their  business  I  can  not  have  escaped 
error.  It  is  incident  to  our  imperfect  nature.  But  I  may  .say  with  truth 
my  errors  have  been  of  the  understanding,  not  of  intention,  and  that 
the  advancement  of  their  rights  and  interests  has  been  the  constant  motive 
for  every  measure.  On  these  considerations  I  solicit  their  indulgence. 
Looking  forward  with  anxiety  to  their  future  destinies,  I  trust  that  in 
their  steady  character,  unshaken  by  difl&culties,  in  their  love  of  liberty, 
obedience  to  law,  and  support  of  the  public  authorities  I  see  a  .sure  guar- 
anty of  the  permanence  of  our  Republic;  and,  retiring  from  the  charge 
of  their  affairs,  I  carry  with  me  the  consolation  of  a  firm  persuasion  that 
Heaven  has  in  store  for  our  beloved  country  long  ages  to  come  of  pros- 
perity and  happiness. 

TH:  JEFFERSON. 


Thomas  Jefferson  457 


SPECIAL  MESSAGES. 

November  8,  1808. 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

The  documents  communicated  with  my  public  message  of  this  day 
contain  such  portions  of  the  correspondences  therein  referred  to,  of  the 
ministers  of  the  United  States  at  Paris  and  London,  as  relate  to  the 
present  state  of  affairs  between  those  Governments  and  the  United  States, 
and  as  may  be  made  public.  I  now  communicate,  confidentially,  such 
supplementary  portions  of  the  same  correspondences  as  I  deem  improper 
for  publication,  yet  necessary  to  convey  to  Congress  full  information  on 
a  subject  of  their  deliberations  so  interesting  to  our  country. 

TH:  JEFFERSON. 

November  ii,  1808. 
To  the  Senate  of  the  United  States: 

The  governor  of  the  Mississippi  Territory  having  thought  it  expedient 
to  dissolve  the  general  assembly  of  that  Territory,  according  to  the 
authority  vested  in  him  by  the  ordinance  of  July  13,  1787,  and  having 
declared  it  dissolved  accordingly,  some  doubt  was  suggested  whether  that 
declaration  effected  the  dissolution  of  the  legislative  council.  On  mature 
consideration  and  advice  I  approved  of  the  proceeding  of  the  governor. 
The  house  of  representatives  of  the  Territory,  since  chosen,  have  conse- 
quently nominated  ten  persons  out  of  whom  a  legislative  council  should 
be  appointed.  I  do  accordingly  nominate  and,  by  and  with  the  advice 
and  consent  of  the  Senate,  shall  appoint  John  Flood  McGrew,  Thomas 
Calvit,  James  Lea,  Alexander  Montgomery,  and  Daniel  Burnet,  being  five 
of  the  said  ten  persons,  to  serve  as  a  legislative  council  for  the  said  Ter- 
ritory, to  continue  in  office  five  years,  unless  sooner  removed  according 

to  law. 

TH:  JEFFERSON. 

December  13,  1808. 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

I  now  transmit  to  both  Houses  of  Congress  a  report  of  the  commis- 
sioners appointed  under  the  act  of  March  29,  1806,  concerning  a  road 
from  Cumberland  to  Ohio,  being  a  statement  of  the  proceedings  under 
the  said  act  since  their  last  report  communicated  to  Congress,  in  order 
that  Congress  may  be  enabled  to  adopt  such  further  measures  as  may  be 
proper  under  existing  circumstances. 

TH:  JEFFERSON. 


458  Messages  and  Papers  of  the  Presidents 

Decembkr  23,  1808. 
To  the  Senate  of  the  Ibiited  States: 

According  to  the  request  of  the  Senate  in  their  resolution  of  Novem- 
ber 14,  that  copies  should  be  laid  before  them  of  all  the  orders  and  decrees 
of  the  belligerent  powers  of  Europe,  passed  since  1791,  affecting  the  com- 
mercial rights  of  the  United  States,  I  now  transmit  them  a  report  of  the 
Secretary  of  State  of  such  of  them  as  have  been  attainable  in  the  Depart- 
ment of  State  and  are  supposed  to  have  entered  into  the  views  of  the 
Senate. 

TH:  JEFFERSON. 

December  27,  1808. 
To  the  Senate  of  the  United  States: 

According  to  the  request  expressed  by  the  Senate  in  their  resolution 
of  November  14,  I  now  transmit  a  report  of  the  Secretary  of  the  Treasury 
and  statement  showing,  as  far  as  returns  have  been  received  from  the 
collectors,  the  number  of  vessels  which  have  departed  from  the  United 
States  with  permission,  and  specifying  the  other  particulars  contemplated 
by  that  resolution. 

TH:  JEFFERSON. 

December  30,  1808. 
To  the  Senate  and  Hotise  of  Representatives  of  the  United  States: 

At  the  request  of  the  governor,  the  senate,  and  house  of  representa- 
tives of  the  Commonwealth  of  Pennsylvania,  I  communicate  certain  reso- 
lutions entered  into  by  the  said  senate  and  house  of  representatives,  and 
approved  by  the  governor,  on  the  23d  instant.  It  can  not  but  be  encour- 
aging to  those  whom  the  nation  has  placed  in  the  direction  of  their  affairs 
to  see  that  their  fellow-citizens  will  press  forward  in  support  of  their 
country  in  proportion  as  it  is  threatened  by  the  disorganizing  conflicts 

of  the  other  hemisphere. 

TH:  JEFFERSON. 

December  30,  1808. 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

I  lay  before  the  Legislature  a  letter  from  Governor  Claiborne  on  the 
subject  of  a  small  tribe  of  Alabama  Indians  on  the  western  side  of  the 
Mississippi,  consisting  of  about  a  dozen  families.  Like  other  erratic 
tribes  in  that  country,  it  is  understood  that  they  have  hitherto  moved 
from  place  to  place  according  to  their  convenience,  without  appropriat- 
ing to  themselves  exclusively  any  particular  territory;  but  having  now 
become  habituated  to  some  of  the  occupations  of  civilized  life,  they  wish 
for  a  fixed  residence.  I  supix)se  it  will  be  the  interest  of  the  United 
States  to  encourage  the  wandering  tribes  of  that  country  to  reduce  them- 


Thomas  Jefferson  459 

selves  to  fixed  habitations  whenever  they  are  so  disposed.  The  estab- 
lishment of  towns  and  growing  attachments  to  them  will  furnish  in 
some  degree  pledges  of  their  peaceable  and  friendly  conduct.  The  case 
of  this  particular  tribe  is  now  submitted  to  the  consideration  of  Congress. 

TH:  JEFFERSON. 

January  6,  1809, 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

I  now  lay  before  Congress  a  statement  of  the  works  of  defense  which 
it  has  been  thought  necessary  to  provide  in  the  first  instance  for  the  secu- 
rity of  our  .seaport  towns  and  harbors,  and  of  the  progress  toward  their 
completion.  Their  extent  has  been  adapted  to  the  scale  of  the  appropria- 
tion and  to  the  circumstances  of  the  several  places. 

The  works  undertaken  at  New  York  are  calculated  to  annoy  and 
endanger  any  naval  force  which  shall  enter  the  harbor,  and,  still  more, 
one  which  should  attempt  to  lie  before  the  city.  To  prevent  altogether 
the  entrance  of  large  vessels,  a  line  of  blocks  across  the  harbor  has  been 
contemplated,  and  would,  as  is  believed,  with  the  auxiliary  means  already 
provided,  render  that  city  safe  against  naval  enterprise.  The  expense 
as  well  as  the  importance  of  the  work  renders  it  a  subject  proper  for  the 
special  consideration  of  Congress. 

At  New  Orleans  two  separate  systems  of  defense  are  necessary — the 
one  for  the  river,  the  other  for  the  lake,  which  at  present  can  give  no  aid 
to  one  another.  The  canal  now  leading  from  the  lake,  if  contmued  into 
the  river,  would  enable  the  armed  vessels  in  both  stations  to  unite,  and 
to  meet  in  conjunction  an  attack  from  either  side.  Half  the  aggregate 
force  would  then  have  the  same  effect  as  the  whole,  or  the  same  force 
double  the  effect  of  what  either  can  now  have.  It  would  also  enable  the 
vessels  stationed  in  the  lake  when  attacked  by  superior  force  to  retire 
to  a  safer  position  in  the  river.  The  same  con.siderations  of  expense  and 
importance  render  this  also  a  question  for  the  special  decision  of  Congress. 

TH:  JEFFERSON. 

January  13,  1809. 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

I  now  render  to  Congress  the  account  of  the  fund  established  for  defray- 
ing the  contingent  expenses  of  Government  for  the  year  1808.  Of  the 
$20,000  appropriated  for  that  purpose,  $2,oco  were  deposited  in  the 
hands  of  the  Attorney-General  of  the  United  States  to  pay  expenses 
incident  to  the  prosecution  of  Aaron  Burr  and  his  accomplices  for  trea- 
son and  misdemeanors  alleged  to  have  been  committed  by  them;  $990 
were  paid  to  the  order  of  Governor  Williams  on  the  same  account,  and 
the  balance  of  $17,010  remains  in  the  Treasury  unexpended. 

TH:  JEFFERSON. 


460  Messages  and  Papers  of  the  Presidents 

January  17,  1809. 
To  the  Senate  and  House  0/  Representatives  0/  the  United  States: 

I  communicate  to  Congress  certain  letters  which  passed  between  the 
British  secretary  of  state,  Mr.  Canning,  and  Mr.  Pinkney,  our  minister 
plenipotentiary  at  London.  When  the  documents  concerning  the  rela- 
tions between  the  United  States  and  Great  Britain  were  laid  before  Con- 
gress at  the  commencement  of  the  session,  the  answer  of  Mr.  Pinkney 
to  the  letter  of  Mr.  Canning  had  not  been  received,  and  a  communication 
of  the  latter  alone  would  have  accorded  neither  with  propriety  nor  with 
the  wishes  of  Mr.  Pinkney.  When  that  answer  afterwards  arrived  it 
was  considered  that,  as  what  had  passed  by  conversation  had  been  super- 
seded by  the  written  and  formal  correspondence  on  the  subject,  the 
variance  in  the  two  statements  of  what  had  verbally  passed  was  not  of 
sufficient  importance  to  be  made  the  matter  of  a  distinct  and  special 
communication.  The  letter  of  Mr.  Canning,  however,  having  lately 
appeared  in  print,  unaccompanied  by  that  of  Mr.  Pinkney  in  reply,  and 
having  a  tendency  to  make  impressions  not  warranted  by  the  statements 
of  Mr.  Pinkney,  it  has  become  proper  that  the  whole  should  be  brought 
into  public  view. 

TH:  JEFFERSON. 

January  24,  1809. 
To  the  Senate  of  the  United  States: 

According  to  the  resolution  of  the  Senate  of  the  17th  instant,  I  now 
transmit  them  the  information  therein  requested,  respecting  the  execution 
of  the  act  of  Congress  of  February  21,  1806,  appropriating  $2,000,000  for 
defraying  any  extraordinary  expenses  attending  the  intercourse  between 
the  United  States  and  foreign  nations. 

TH:  JEFFERSON. 

January  30,  1809. 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

I  transmit  to  Congress  a  letter  recently  received  from  our  minister  at 
the  Court  of  St.  James,  covering  one  to  him  from  the  British  secretary 
of  state,  with  his  reply.  These  are  communicated  as  forming  a  sequel 
to  the  correspondence  which  accompanied  my  message  to  both  Houses  of 
the  17th  instant. 

TH:  JEFFERSON. 

February  18,  1809. 
To  the  Senate  of  the  United  States: 

I  submit  a  treaty,  concluded  at  Brownstown,  in  the  Territory  of  Mich- 
igan, between  the  United  States  and  the  Chippewas,  Ottawas,  Potawat- 
tamies,  Wyandots,  and  Shawnees,  on  the  25th  day  of  November  last, 


Thomas  Jefferson  461 

whereby  those  tribes  grant  to  the  United  States  two  roads,  therein  de- 
scribed, for  the  decision  of  the  Senate  whether  they  will  advise  and  con- 
sent to  the  ratification  of  it. 

TH:  JEFFERSON. 

February  24,  1809. 
To  the  Striate  of  the  United  States: 

The  Emperor  of  Russia  has  on  several  occasions  indicated  .sentiments 
particularly  friendly  to  the  United  States,  and  expressed  a  wish  through 
different  channels  that  a  diplomatic  intercourse  should  be  established 
between  the  two  countries.  His  high  station  and  the  relations  of  Rus- 
sia to  the  predominant  powers  of  Europe  must  give  him  weight  with 
them  according  to  the  vicissitudes  of  the  war,  and  his  influence  in  nego- 
tiations for  peace  may  be  of  value  to  the  United  States  .should  arrange- 
ments of  any  sort  affecting  them  be  contemplated  by  other  powers  in 
the  present  extraordinary  state  of  the  world;  and  under  the  constant 
possibility  of  sudden  negotiations  for  peace  I  have  thought  that  the 
friendly  dispositions  of  such  a  power  might  be  advantageously  cherished 
by  a  mission  which  should  manifest  our  willingness  to  -meet  his  good 
will.  I  accordingly  commissioned  in  the  month  of  August  la.st  William 
Short,  formerly  minister  plenipotentiary  of  the  United  States  at  Madrid, 
to  proceed  as  minister  plenipotentiary  to  the  Court  of  St.  Petersburg, 
and  he  proceeded  accordingly;  and  I  now  nominate  him  to  the  Senate 

for  that  appointment. 

TH:  JEFFERSON. 

February  25,  1809. 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

I  now  lay  before  Congress  a  statement  of  the  militia  of  the  United. 
States  according  to  the  latest  returns  received  by  the  Department  of  War. 

TH:  JEFFERSON. 


PROCLAMATION. 

[From  Annals  of  Congress,  Tenth  Congress,  second  session,  462.^ 

Washington,  December  jo,  1808. 

T7ie  President  of  the  United  States  to ,  Senator  for  the  State  of . 

Certain  matters  touching  the  public  good  requiring  that  the  Senate 

should  be  convened  on  Saturday,  the  4th  day  of  March  next,  you  are 

desired  to  attend  at  the  Senate  Chamber,  in  the  city  of  Washington,  on 

that  day,  then  and  there  to  deliberate  on  such  communications  as  shall 

be  made  to  you. 

TH:  JEFFERSON. 


James  Madison 

March  4,  1809,  to  March  4,  1817 


463 


James  Madison 


James  Madison  was  born  in  Orange  County,  Va.,  on  the  i6th  of 
March,  1751.  He  was  the  son  of  James  Madison,  the  family  being  of 
Enghsh  descent,  and  among  the  early  settlers  of  Virginia.  Was  fitted 
for  college  by  private  tutors,  and  entered  Princeton  College  in  1769, 
graduating  in  1771;  remained  a  year  at  college  pursuing  his  studies. 
After  this  he  returned  to  Virginia  and  began  the  practice  of  law.  In 
1776  was  elected  a  member  of  the  general  assembly  of  Virginia,  and  in 
1778  was  appointed  a  member  of  the  executive  council.  In  the  winter 
of  1779-80  was  chosen  a  delegate  to  the  Continental  Congress,  of  which 
body  he  continued  an  active  and  prominent  member  till  1784.  The 
legislature  of  Virginia  appointed  him  in  1786  a  delegate  to  a  conven- 
tion at  Annapolis,  Md. ,  to  devise  a  system  of  commercial  regulations  for 
all  the  States.  Upon  their  recommendation  a  convention  of  delegates 
from  all  the  States  was  held  in  Philadelphia  in  May,  1787.  This  Con- 
vention framed  the  Constitution  of  the  United  States,  and  of  it  Mr. 
Madison  was  a  leading  member.  He  was  next  a  member  of  the  conven- 
tion of  his  State  which  met  to  consider  the  new  Constitution  for  the 
United  States.  Was  a  member  of  the  House  of  Representatives  in  the 
First  Congress,  taking  his  seat  in  April,  1789,  and  continued  to  be  a 
member  of  the  House  during  both  of  Washington's  terms  as  President. 
He  married  Mrs.  Dolly  Paine  Todd,  of  Philadelphia,  in  1794,  she  being 
the  widow  of  a  Pennsylvania  lawyer.  Her  father  was  a  Quaker,  and  had 
removed  from  Virginia  to  Philadelphia.  Declined  the  office  of  Secre- 
tary of  State,  vacated  by  Jefferson,  in  1793.  He  retired  from  Congress 
in  1797,  and  in  1798  accepted  a  seat  in  the  Virginia  assembly.  In  1801 
was  appointed  b}^  President  Jefferson  Secretary  of  State,  which  office 
he  held  during  the  eight  years  of  Jefferson's  Administration.  In  1808 
was  elected  President,  and  was  reelected  in  18 12.  On  March  4,  18 17,  he 
retired  from  public  life,  and  passed  the  remainder  of  his  days  at  Mont- 
pelier,  in  Orange  County,  Va.  In  1829  was  chosen  a  member  of  the 
State  convention  to  revise  the  constitution  of  Virginia,  and  was  also 
chosen  president  of  an  agricultural  society  in  his  county.  He  died  on 
the  28th  day  of  June,  1836,  and  was  buried  at  his  home. 

M  P— vol.  I — 30  465 


466  Messages  and  Papers  of  the  Presidents 

LETTER  FROM  THE  PRESIDENT  ELECT. 

The  President  of  the  Senate  communicated  the  following '  letter  from 
the  President  elect  of  the  United  States: 

City  op  Washington,  March  2,  1809. 
Hon.  John  Milledge, 

President  pro  tempore  of  the  Senate. 

Sir:  I  beg  leave  through  you  to  inform  the  honorable  the  Senate  of 
the  United  States  that  I  propose  to  take  the  oath  which  the  Constitution 
prescribes  to  the  President  of  the  United  States  before  he  enters  on  the 
execution  of  his  office  on  Saturday,  the  4th  instant,  at  12  o'clock,  in  the 
Chamber  of  the  House  of  Representatives. 

I  have  the  honor  to  be,  with  the  greatest  respect,  sir,  your  most  obe- 
dient and  most  humble  servant, 

JAMES  MADISON. 


FIRST  INAUGURAL  ADDRESS. 

Unwilling  to  depart  from  examples  of  the  most  revered  authority,  I 
avail  myself  of  the  occasion  now  presented  to  express  the  profound 
impression  made  on  me  by  the  call  of  my  country  to  the  station  to  the 
duties  of  which  I  am  about  to  pledge  myself  by  the  most  solemn  of 
sanctions.  So  distinguished  a  mark  of  confidence,  proceeding  from  the 
deliberate  and  tranquil  suffrage  of  a  free  and  virtuous  nation,  would 
under  any  circumstances  have  commanded  my  gratitude  and  devotion,  as 
well  as  filled  me  with  an  awful  sense  of  the  trust  to  be  assumed.  Under 
the  various  circumstances  which  give  peculiar  solemnity  to  the  existing 
period,  I  feel  that  both  the  honor  and  the  responsibility  allotted  to  me 
are  inexpressibly  enhanced. 

The  present  situation  of  the  world  is  indeed  without  a  parallel,  and 
that  of  our  own  country  full  of  difficulties.  The  pressure  of  these,  too, 
is  the  more  severely  felt  because  they  have  fallen  upon  us  at  a  moment 
when  the  national  prosperity  being  at  a  height  not  before  attained,  the 
contrast  resulting  from  the  change  has  been  rendered  the  more  striking. 
Under  the  benign  influence  of  our  republican  institutions,  and  the  main- 
tenance of  peace  with  all  nations  whilst  so  many  of  them  were  engaged 
in  bloody  and  wasteful  wars,  the  fruits  of  a  just  policy  were  enjoyed  in 
an  unrivaled  growth  of  our  faculties  and  resources.  Proofs  of  this  were 
seen  in  the  improvements  of  agriculture,  in  the  successful  enterprises  of 
commerce,  in  the  progress  of  manufactures  and  useful  arts,  in  the  in- 
crease of  the  public  revenue  and  the  use  made  of  it  in  reducing  the  public 


James  Madison  467 

debt,  and  in  the  valuable  works  and  establishments  everywhere  multi- 
plying over  the  face  of  our  land. 

It  is  a  precious  reflection  that  the  transition  from  this  prosperous  con- 
dition of  our  country  to  the  scene  which  has  for  some  time  been  distress- 
ing us  is  not  chargeable  on  any  unwarrantable  views,  nor,  as  I  trust,  on 
any  involuntary  errors  in  the  public  councils.  Indulging  no  passions 
which  trespass  on  the  rights  or  the  repose  of  other  nations,  it  has  been  the 
true  glory  of  the  United  States  to  cultivate  peace  by  observing  justice, 
and  to  entitle  themselves  to  the  respect  of  the  nations  at  war  by  fulfilling 
their  neutral  obligations  with  the  most  scrupulous  impartiality.  If  there 
be  candor  in  the  world,  the  truth  of  these  assertions  will  not  be  ques- 
tioned; posterity  at  least  will  do  justice  to  them. 

This  unexceptionable  course  could  not  avail  against  the  injustice  and 
violence  of  the  belligerent  powers.  In  their  rage  against  each  other,  or 
impelled  by  more  direct  motives,  principles  of  retaliation  have  been  intro- 
duced equally  contrary  to  universal  reason  and  acknowledged  law. 
How  long  their  arbitrary  edicts  will  be  continued  in  spite  of  the  demon- 
strations that  not  even  a  pretext  for  them  has  been  given  by  the  United 
States,  and  of  the  fair  and  liberal  attempt  to  induce  a  revocation  of  them, 
can  not  be  anticipated.  Assuring  myself  that  under  every  vicissitude 
the  determined  spirit  and  united  councils  of  the  nation  will  be  safeguards 
to  its  honor  and  its  essential  interests,  I  repair  to  the  post  assigned  me 
with  no  other  discouragement  than  what  springs  from  my  own  inade- 
quacy to  its  high  duties.  If  I  do  not  sink  under  the  weight  of  this  deep 
conviction  it  is  because  I  find  some  support  in  a  consciousness  of  the 
purposes  and  a  confidence  in  the  principles  which  I  bring  yvith  me  into 
this  arduous  service. 

To  cherish  peace  and  friendly  intercourse  with  all  nations  having  cor- 
respondent dispositions;  to  maintain  sincere  neutrality  toward  belligerent 
nations;  to  prefer  in  all  cases  amicable  discussion  and  reasonable  accom- 
modation of  differences  to  a  decision  of  them  by  an  appeal  to  arms;  to 
exclude  foreign  intrigues  and  foreign  partialities,  so  degrading  to  all 
countries  and  so  baneful  to  free  ones;  to  foster  a  spirit  of  independence 
too  just  to  invade  the  rights  of  others,  too  proud  to  surrender  our  own, 
too  liberal  to  indulge  unworthy  prejudices  ourselves  and  too  elevated 
not  to  look  down  upon  them  in  others;  to  hold  the  union  of  the  States 
as  the  basis  of  their  peace  and  happiness;  to  support  the  Constitution, 
which  is  the  cement  of  the  Union,  as  well  in  its  limitations  as  in  its 
authorities;  to  respect  the  rights  and  authorities  reserved  to  the  States 
and  to  the  people  as  equally  incorporated  with  and  essential  to  the 
success  of  the  general  system;  to  avoid  the  slightest  interference  with 
the  rights  of  conscience  or  the  functions  of  religion,  so  wisely  exempted 
from  civil  jurisdiction;  to  preserve  in  their  full  energy  the  other  salutary 
provisions  in  behalf  of  private  and  personal  rights,  and  of  the  freedom 
of  the  press;  to  observe  economy  in  public  expenditures;  to  liberate  the 


468  Messages  and  Papers  of  the  Presidents 

public  resources  by  an  honorable  discharge  of  the  public  debts;  to  keep 
within  the  requisite  limits  a  standing  military  force,  always  remembering 
that  an  armed  and  trained  militia  is  the  firmest  bulwark  of  republics — 
that  without  standing  armies  their  liberty  can  never  be  in  danger,  nor 
with  large  ones  safe;  to  promote  by  authorized  means  improvements 
friendly  to  agriculture,  to  manufactures,  and  to  external  as  well  as  inter- 
nal commerce;  to  favor  in  like  manner  the  advancement  of  science  and 
the  diffusion  of  information  as  the  best  aliment  to  true  liberty;  to  carry 
on  the  benevolent  plans  which  have  been  so  meritoriously  applied  to  the 
conversion  of  our  aboriginal  neighbors  from  the  degradation  and  wretch- 
edness of  savage  life  to  a  participation  of  the  improvements  of  which  the 
human  mind  and  manners  are  susceptible  in  a  civilized  state — as  far  as 
sentiments  and  intentions  such  as  these  can  aid  the  fulfillment  of  my 
duty,  they  will  be  a  resource  which  can  not  fail  me. 

It  is  my  good  fortune,  moreover,  to  have  the  path  in  which  I  am  to 
tread  lighted  by  examples  of  illustrious  services  successfully  rendered 
in  the  most  trying  difficulties  by  those  who  have  marched  before  me. 
Of  those  of  my  immediate  predecessor  it  might  least  become  me  here  to 
speak.  I  may,  however,  be  pardoned  for  not  suppressing  the  sympathy 
with  which  my  heart  is  full  in  the  rich  reward  he  enjoys  in  the  benedic- 
tions of  a  beloved  country,  gratefully  bestowed  for  exalted  talents  zeal- 
ously devoted  through  a  long  career  to  the  advancement  of  its  highest 
interest  and  happiness. 

But  the  source  to  which  I  look  for  the  aids  which  alone  can  supply  my 
deficiencies  is  in  the  well-tried  intelligence  and  virtue  of  my  fellow-citi- 
zens, and  in  the  counsels  of  those  representing  them  in  the  other  depart- 
ments associated  in  the  care  of  the  national  interests.  In  these  my 
confidence  will  under  every  difficulty  be  best  placed,  next  to  that  which 
we  have  all  been  encouraged  to  feel  in  the  guardianship  and  guidance  of 
that  Almighty  Being  whose  power  regulates  the  destiny  of  nations,  whose 
blessings  have  been  so  conspicuously  dispensed  to  this  rising  Republic, 
and  to  whom  we  are  bound  to  address  our  devout  gratitude  for  the  past, 
as  well  as  our  fervent  supplications  and  best  hopes  for  the  future. 

March  4,  1809. 


SPECIAL  SESSION  MESSAGE. 

Fellow-Citizens  of  the  Senate  and  of  the  House  of  Representatives: 

On  this  first  occasion  of  meeting  you  it  affords  me  much  satisfaction  to 

be  able  to  communicate  the  commencement  of  a  favorable  change  in  our 

foreign  relations,  the  critical  state  of  which  induced  a  session  of  Congress 

at  this  early  period. 

In  consequence  of  the  provisions  of  the  act  interdicting  commercial 


James  Madison  469 

intercourse  with  Great  Britain  and  France,  our  ministers  at  I,ondon  and 
Paris  were  without  delay  instructed  to  let  it  be  understood  by  the  French 
and  British  Governments  that  the  authority  vested  in  the  Executive  to 
renew  commercial  intercourse  with  their  respective  nations  would  be 
exercised  in  the  case  specified  by  that  act. 

Soon  after  these  instructions  were  dispatched  it  was  found  that  the 
British  Government,  anticipating  from  early  proceedings  of  Congress  at 
their  last  session  the  state  of  our  laws,  which  has  had  the  effect  of  pla- 
cing the  two  belligerent  powers  on  a  footing  of  equal  restrictions,  and 
relying  on  the  conciliatory  disposition  of  the  United  States,  had  trans- 
mitted to  their  legation  here  provisional  instructions  not  only  to  offer 
satisfaction  for  the  attack  on  the  frigate  Chesapeake,  and  to  make  known 
the  determination  of  His  Britannic  Majesty  to  send  an  envoy  extraordi- 
nary with  powers  to  conclude  a  treaty  on  all  the  points  between  the  two 
countries,  but,  moreover,  to  signify  his  willingness  in  the  meantime  to 
withdraw  his  orders  in  council,  in  the  persuasion  that  the  intercourse  with 
Great  Britain  would  be  renewed  on  the  part  of  the  United  States. 

These  steps  of  the  British  Government  led  to  the  correspondence  and 
the  proclamation  now  laid  before  you,  by  virtue  of  which  the  commerce 
between  the  two  countries  will  be  renewable  after  the  loth  day  of  June 
next. 

Whilst  I  take  pleasure  in  doing  justice  to  the  councils  of  His  Britannic 
Majesty,  which,  no  longer  adhering  to  the  policy  which  made  an  aban- 
donment by  France  of  her  decrees  a  prerequisite  to  a  revocation  of  the 
British  orders,  have  substituted  the  amicable  course  which  has  issued  thus 
happily,  I  can  not  do  less  than  refer  to  the  proposal  heretofore  made  on 
the  part  of  the  United  States,  embracing  a  like  restoration  of  the  sus- 
pended commerce,  as  a  proof  of  the  spirit  of  accommodation  which  has 
at  no  time  been  intermitted,  and  to  the  result  which  now  calls  for  our  con- 
gratulations, as  corroborating  the  principles  by  which  the  public  councils 
have  been  guided  during  a  period  of  the  most  trying  embarrassments. 

The  discontinuance  of  the  British  orders  as  they  respect  the  United 
States  having  been  thus  arranged,  a  communication  of  the  event  has  been 
forwarded  in  one  of  our  public  vessels  to  our  minister  plenipotentiarj*  at 
Paris,  with  instructions  to  avail  himself  of  the  important  addition  thereby 
made  to  the  considerations  which  press  on  the  justice  of  the  French  Gov- 
ernment a  revocation  of  its  decrees  or  such  a  modification  of  them  as  that 
they  shall  cease  to  violate  the  neutral  commerce  of  the  United  States. 

The  revision  of  our  commercial  laws  proper  to  adapt  them  to  the 
arrangement  which  has  taken  place  with  Great  Britain  will  doubtless 
engage  the  early  attention  of  Congress.  It  will  be  worthy  at  the  same 
time  of  their  just  and  provident  care  to  make  such  further  alterations  in 
the  laws  as  will  more  especially  protect  and  foster  the  several  branches 
of  manufacture  which  have  been  recently  instituted  or  extended  by  the 
laudable  exertions  of  our  citizens. 


470  Messages  and  Papers  of  the  Presidents 

Under  the  existing  aspect  of  our  affairs  I  have  thought  it  not  incon- 
sistent with"  a  jUvSt  precaution  to  have  the  gunboats,  with  the  exception 
of  those  at  New  Orleans,  placed  in  a  situation  incurring  no  expense 
beyond  that  requisite  for  their  preservation  and  conveniency  for  future 
service,  and  to  have  the  crews  of  those  at  New  Orleans  reduced  to  the 
number  required  for  their  navigation  and  safety. 

I  have  thought  also  that  our  citizens  detached  in  quotas  of  militia 
amounting  to  100,000  under  the  act  of  March,  1808,  might  not  improp- 
erly be  relieved  from  the  state  in  which  they  were  held  for  immediate 
service.     A  discharge  of  them  has  been  accordingly  directed. 

The  progress  made  in  raising  and  organizing  the  additional  military 
force,  for  which  provision  was  made  by  the  act  of  April,  1808,  together 
with  the  disposition  of  the  troops,  will  appear  by  a  report  which  the  Sec- 
retary of  War  is  preparing,  and  which  will  be  laid  before  you. 

Of  the  additional  frigates  required  by  an  act  of  the  last  session  to  be 
fitted  for  actual  service,  two  are  in  readiness,  one  nearly  so,  and  the  fourth 
is  expected  to  be  ready  in  the  month  of  July.  A  report  which  the  Secre- 
tary of  the  Navy  is  preparing  on  the  subject,  to  be  laid  before  Congress, 
will  shew  at  the  same  time  the  progress  made  in  officering  and  manning 
these  ships.  It  will  shew  also  the  degree  in  which  the  provisions  of 
the  act  relating  to  the  other  public  armed  ships  have  been  carried  into 
execution. 

It  will  rest  with,  the  judgment  of  Congress  to  decide  how  far  the  change 
in  our  external  prospects  may  authorize  any  modifications  of  the  laws 
relating  to  the  army  and  navy  establishments. 

The  works  of  defense  for  our  seaport  towns  and  harbors  have  pro- 
ceeded with  as  much  activity  as  the  season  of  the  year  and  other  cir- 
cumstances would  admit.  It  is  necessary,  however,  to  state  that,  the 
appropriations  hitherto  made  being  found  to  be  deficient,  a  further  pro- 
vision will  claim  the  early  consideration  of  Congress. 

The  whole  of  the  8  per  cent  stock  remaining  due  by  the  United  States, 
amounting  to  $5,300,000,  had  been  reimbursed  on  the  last  day  of  the 
year  1808;  and  on  the  ist  day  of  April  last  the  sum  in  the  Treasury 
exceeded  $9,500,000.  This,  together  with  the  receipts  of  the  current 
year  on  account  of  former  revenue  bonds,  will  probably  be  nearly  if  not 
altogether  sufficient  to  defray  the  expenses  of  the  year.  But  the  suspen- 
sion of  exports  and  the  consequent  decrease  of  importations  during  the 
last  twelve  months  will  necessarily  cause  a  great  diminution  in  the  receipts 
of  the  year  18 10.  After  that  year,  should  our  foreign  relations  be  undis- 
turbed, the  revenue  will  again  be  more  than  commensurate  to  all  the 
expenditures. 

Aware  of  the  inconveniences  of  a  protracted  session  at  the  present 
season  of  the  year,  I  forbear  to  call  the  attention  of  the  Legislature  to 
any  matters  not  particularly  urgent.  It  remains,  therefore,  only  to  assure 
you  of  the  fidelity  and  alacrity  with  which  I  shall  cooperate  for  the  wel- 


James  Madison  471 

fare  and  happiness  of  our  country,  and  to  pray  that  it  may  experience 
a  continuance  of  the  divine  blessings  by  which  it  has  been  so  signally 
favored. 

JAMES  MADISON. 
May  23,  1809. 


SPECIAL  MESSAGES.      • 

May  26,  1809. 
To  the  Senate  of  the  United  States: 

I  now  lay  before  Congress  the  report  of  the  Secretary  of  War,  shewing 
the  progress  made  in  carrying  into  effect  the  act  of  April,  1808,  for  rais- 
ing an  additional  military  force,  and  the  disposition  of  the  troops. 

JAMES  MADISON. 

June  4,  1809. 
To  the  Senate  of  the  United  States: 

In  compliance  with  the  request  of  the  legislature  of  Pennsylvania,  I 
transmit  to  Congress  a  copy  of  certain  of  its  proceedings,  communicated 
for  the  purpose  by  the  governor  of  that  State. 

JAMES  MADISON. 

June  15,  1809. 
To  the  Senate  of  the  United  States: 

In  compliance  with  the  resolution  of  the  Senate  of  the  i3tli  instant,  I 
transmit  extracts  from  letters  from  Mr.  Pinkney  to  the  Secretary  of 
State,  accompanied  by  letters  and  communications  to  him  from  the 
British  secretary  of  state  for  the  foreign  department,  all  of  which  have 
been  received  here  since  the  last  session  of  Congress. 

To  these  documents  are  added  a  communication  just  made  by  Mr. 
Erskine  to  the  Secretary  of  State,  and  his  answer. 

JAMES  MADISON. 

June  20,  1809. 
To  the  Senate  of  the  United  States: 

In  compliance  with  the  resolution  of  the  Senate  of  the  19th  instant,  I 
transmit  such  information  as  has  been  received  respecting  exiles  from 
Cuba  arrived  or  expected  within  the  United  States;  also  a  letter  from 

General  Turreau  connected  with  that  subject. 

JAMES  MADISON. 

June  26,  1809. 
To  the  Senate  of  the  United  States: 

The  considerations  which  led  to  the  nomination  of  a  minister  plenipo- 
tentiary to  Ruissia  being  strengthened  by  evidence  since  received  of  the 


472  Messages  and  Papers  of  the  Presidents 

earnest  desire  of  the  Emperor  to  establish  a  diplomatic  intercourse  between 
the  two  countries,  and  of  a  disposition  in  his  councils  favorable  to  the 
extension  of  a  commerce  mutually  advantageous,  as  will  be  seen  by  the 
extracts  from  letters  from  General  Armstrong  and  Consul  Harris  herewith 
confidentially  communicated,  I  nominate  John  Quincy  Adams,  of  Massa- 
chusetts, to  be  minister  plenipotentiary  of  the  United  States  to  the  Court 

of  St,  Petersburg, 

JAMES  MADISON. 


PROCLAMATIONS. 

[From  Annals  of  Congress,  Eleventh  Congress,  part  2,  2060.] 

By  the  President  of  the  United  States. 

A  PROCLAMATION. 

Whereas  it  is  provided  by  the  eleventh  section  of  the  act  of  Congress 
entitled  "An  act  to  interdict  the  commercial  intercourse  between  the 
United  States  and  Great  Britain  and  France  and  their  dependencies,  and 
for  other  purposes,"  that  "in  case  either  France  or  Great  Britain  shall 
so  revoke  or  modify  her  edicts  as  that  they  shall  cease  to  violate  the 
neutral  commerce  of  the  United  States ' '  the  President  is  authorized  to 
declare  the  same  by  proclamation,  after  which  the  trade  suspended  by 
the  said  act  and  by  an  act  laying  an  embargo  on  all  ships  and  vessels  in 
the  ports  and  harbors  of  the  United  States  and  the  several  acts  supple- 
mentary thereto  may  be  renewed  with  the  nation  so  doing;  and 

Whereas  the  Honorable  David  Montague  Erskine,  His  Britannic  Maj- 
esty's envoy  extraordinary  and  minister  plenipotentiary,  has,  by  the  order' 
and  in  the  name  of  his  Sovereign,  declared  to  this  Government  that  the 
British  orders  m  council  of  January  and  November,  1807,  will  have  been 
withdrawn  as  respects  the  United  States  on  the  loth  day  of  June  next: 

Now,  therefore,  I,  James  Madison,  President  of  the  United  States,  do 
hereby  proclaim  that  the  orders  in  council  aforesaid  will  have  been  with- 
drawn on  the  said  loth  day  of  June  next,  after  which  day  the  trade  of 
the  United  States  with  Great  Britain,  as  suspended  by  the  act  of  Congress 
above  mentioned  and  an  act  laying  an  embargo  on  all  ships  and  vesSfels 
in  the  ports  and  harbors  of  the  United  States  and  the  several  acts  supple- 
mentary thereto,  may  be  renewed. 

Given  under  my  hand  and  the  seal  of  the  United  States  at  Washington, 
r  -1     the  19th  day  of  April,  A,D.  1809,  and  of  the  Independence  of 

the  United  States  the  thirty-third, 

JAMES  MADISON. 

By  the  President: 

R.  Smith, 

Secretary  of  State. 


James  Madison  473 

[P'rora  Annals  of  Congress,  Eleventh  Congress,  part  2,  2076.] 

By  the  President  of  the  United  States  of  America, 

A  PROCLAMATION. 

Whereas,  in  consequence  of  a  communication  from  His  Britannic 
Majesty's  envoy  extraordinary  and  minister  plenipotentiary  declaring 
that  the  British  orders  of  council  of  January  and  November,  1807,  would 
have  been  withdrawn  on  the  loth  day  of  June  last,  and  by  virtue  of 
authority  given  in  such  event  by  the  eleventh  section  of  the  act  of  Con- 
gress entitled  "An  act  to  interdict  the  commercial  intercourse  between 
the  United  States  and  Great  Britain  and  France  and  their  dependencies, 
and  for  other  purposes,"  I,  James  Madison,  President  of  the  United 
States,  did  issue  my  proclamation  bearing  date  on  the  19th  of  April  last, 
declaring  that  the  orders  in  council  aforesaid  would  have  been  so  with- 
drawn on  the  said  loth  day  of  June,  after  which  the  trade  suspended  by 
certain  acts  of  Congress  might  be  renewed;  and 

Whereas  it  is  now  officially  made  known  to  me  that  the  said  orders 
in  council  have  not  been  withdrawn  agreeably  to  the  communication  and 
declaration  aforesaid: 

I  do  hereby  proclaim  the  same,  and,  consequently,  that  the  trade  renew- 
able on  the  event  of  the  said  orders,  being  withdrawn,  is  to  be  considered 
as  under  the  operation  of  the  several  acts  by  which  such  trade  was  sus- 
pended. 

Given  under  my  hand  and  the  seal  of  the  United  States  at  the  city  of 
n  T     Washington,  the  9th  day  of  August,  A.  D.  1809,  and  of  the 

Independence  of  the  said  United  States  the  thirty-fourth. 

JAMES  MADISON. 
By  the  President: 

R.  Smith, 

Secretary  of  State. 


FIRST  ANNUAL  MESSAGE. 

November  29,  1809. 
Felloto- Citizens  of  the  Senate  and  of  the  House  of  Representatives: 

At  the  period  of  our  last  meeting  1  had  the  satisfaction  of  communi- 
cating an  adjustment  with  one  of  the  principal  belligerent  nations,  highly 
important  in  itself,  and  still  more  so  as  presaging  a  more  extended  accom- 
modation. It  is  with  deep  concern  I  am  now  to  inform  j'ou  that  the 
favorable  prospect  has  been  overclouded  by  a  refusal  of  the  British  Gov- 
ernment to  abide  by  the  act  of  its  minister  plenipotentiary,  and  by  its 


474  Messages  and  Papers  of  the  Presidents 

ensuing  policy  toward  the  United  States  as  seen  through  the  communi- 
cations of  the  minister  sent  to  replace  him. 

Whatever  pleas  may  be  urged  for  a  disavowal  of  engagements  formed 
by  diplomatic  functionaries  in  cases  where  by  the  terms  of  ■  the  engage- 
ments a  mutual  ratification  is  reserved,  or  where  notice  at  the  time  may 
have  been  given  of  a  departure  from  instructions,  or  in  extraordinary  cases 
essentially  violating  the  principles  of  equity,  a  disavowal  could  not  have 
been  apprehended"  in  a  case  where  no  such  notice  or  violation  existed, 
where  no  such  ratification  was  reserved,  and  more  especially  where,  as  is 
now  in  proof,  an  engagement  to  be  executed  without  any  such  ratification 
was  contemplated  by  the  instructions  given,  and  where  it  had  with  good 
faith  been  carried  into  immediate  execution  on  the  part  of  the  United 
States. 

These  considerations  not  having  restrained  the  British  Government  from 
disavowing  the  arrangement  by  \nrtue  of  which  its  orders  in  council  were 
to  be  revoked,  and  the  event  authorizing  the  renewal  of  commercial  inter- 
course having  thus  not  taken  place,  it  necessarily  became  a  question  of 
equal  urgency  and  importance  whether  the  act  prohibiting  that  intercourse 
was  not  to  be  considered  as  remaining  in  legal  force.  This  question  being, 
after  due  deliberation,  determined  in  the  affirmative,  a  proclamation  to 
that  effect  was  issued.  It  could  not  but  happen,  however,  that  a  return 
to  this  state  of  things  from  that  which  had  followed  an  execution  of  the 
arrangement  by  the  United  States  would  involve  difiiculties.  With  a  view 
to  diminish  these  as  much  as  possible,  the  instructions  from  the  Secretary 
of  the  Treasury  now  laid  before  you  were  transmitted  to  the  collectors  of 
the  several  ports.  If  in  permitting  British  vessels  to  depart  without  giv- 
ing bonds  not  to  proceed  to  their  own  ports  it  should  appear  that  the 
tenor  of  legal  authority  has  not  been  strictly  pursued,  it  is  to  be  ascribed 
to  the  anxious  desire  which  was  felt  that  no  individuals  should  be  injured 
by  so  unforeseen  an  occurrence;  and  I  rely  on  the  regard  of  Congress  for 
the  equitable  interests  of  our  own  citizens  to  adopt  whatever  further 
provisions  may  be  found  requisite  for  a  general  remission  of  penalties 
involuntarily  incurred. 

The  recall  of  the  disavowed  minister  having  been  followed  by  the 
appointment  of  a  successor,  hopes  were  indulged  that  the  new  mission 
would  contribute  to  alleviate  the  disappointment  which  had  been  pro- 
duced, and  to  remove  the  causes  which  had  so  long  embarrassed  the  good 
understanding  of  the  two  nations.  It  could  not  be  doubted  that  it  would 
at  least  be  charged  with  conciliatory  explanations  of  the  step  which  had 
been  taken  and  with  proposals  to  be  substituted  for  the  rejected  arrange- 
ment. Reasonable  and  universal  as  this  expectation  was,  it  also  has  not 
been  fulfilled.  From  the  first  official  disclosures  of  the  new  minister  it 
was  found  that  he  had  received  no  authority  to  enter  into  explanations 
relative  to  either  branch  of  the  arrangement  disavowed  nor  any  authority 
to  substitute  proposals  as  to  that  branch  which  concerned  the  British 


James  Madison  475 

orders  in  council,  and,  finally,  that  his  proposals  with  respect  to  the  other 
branch,  the  attack  on  the  frigate  Chesapeake,  were  founded  on  a  presump- 
tion repeatedly  declared  to  be  inadmissible  by  the  United  States,  that  the_ 
first  step  toward  adjustment  was  due  from  them,  the  proposals  at  the  same 
time  omitting  even  a  reference  to  the  officer  answerable  for  the  murderous 
aggression,  and  asserting  a  claim  not  less  contrary  to  the  British  laws  and 
British  practice  than  to  the  principles  and  obligations  of  the  United  States. 

The  correspondence  between  the  Department  of  State  and  this  minister 
will  show  how  unessentially  the  features  presented  in  its  commencement 
have  been  varied  in  its  progress.  It  will  show  also  that,  forgetting  the 
respect  due  to  all  governments,  he  did  not  refrain  from  imputations  on 
this,  which  required  that  no  further  communications  should  be  received 
from  him.  The  necessity  of  this  step  will  be  made  known  to  His  Britan- 
nic Majesty  through  the  minister  plenipotentiary  of  the  United  States  in 
London;  and  it  would  indicate  a  want  of  the  confidence  due  to  a  Gov- 
ernment which  so  well  understands  and  exacts  what  becomes  foreign 
ministers  near  it  not  to  infer  that  the  misconduct  of  its  own  representative 
will  be  viewed  in  the  same  light  in  which  it  has  been  regarded  here.  The 
British  Government  will  learn  at  the  same  time  that  a  ready  attention 
will  be  given  to  communications  through  any  channel  which  may  be  sub- 
stituted. It  will  be  happy  if  the  change  in  this  respect  should  be  accom- 
panied by  a  favorable  revision  of  the  unfriendly  policy  which  has  been  so 
long  pursued  toward  the  United  States. 

With  France,  the  other  belligerent,  whose  trespasses  on  our  commercial 
rights  have  long  been  the  subject  of  our  just  remonstrances,  the  posture 
of  our  relations  does  not  correspond  with  the  measures  taken  on  the  part 
of  the  United  States  to  effect  a  favorable  change.  The  result  of  the 
several  communications  made  to  her  Government,  in  pursuance  of  the 
authorities  vested  by  Congress  in  the  Executive,  is  contained  in  the  cor- 
respondence of  our  minister  at  Paris  now  laid  before  you. 

By  some  of  the  other  belligerents,  although  professing  just  and  amicable 
dispositions,  injuries  materially  affecting  our  commerce  have  not  been 
duly  controlled  or  repressed.  In  these  cases  the  interpositions  deemed 
proper  on  our  part  have  not  been  omitted.  But  it  well  deserv^es  the  con- 
sideration of  the  Legislature  how  far  both  the  safety  and  the  honor  of  the 
American  flag  may  be  consulted,  by  adequate  provisions  against  that 
collusive  prostitution  of  it  by  individuals  unworthy  of  the  American 
name  which  has  so  much  favored  the  real  or  pretended  suspicions  under 
which  the  honest  commerce  of  their  fellow-citizens  has  suffered. 

In  relation  to  the  powers  on  the  coast  of  Barbary,  nothing  has  occurred 
which  is  not  of  a  nature  rather  to  inspire  confidence  than  distrust  as  to 
the  continuance  of  the  existing  amity.  With  our  Indian  neighbors,  the 
just  and  benevolent  system  continued  toward  them  has  also  preser\^ed 
peace,  and  is  more  and  more  advancing  habits  favorable  to  their  civilization 
and  happiness. 


476  Messages  and  Papers  of  the  Presidents 

From  a  statement  which  will  be  made  by  the  Secretary  of  War  it  will 
be  seen  that  the  fortifications  on  our  maritime  frontier  are  in  many  of  the 
ports  completed,  affording  the  defense  which  was  contemplated,  and  that 
a  further  time  will  be  required  to  render  complete  the  works  in  the  harbor 
of  New  York  and  in  some  other  places.  By  the  enlargement  of  the  works 
and  the  emplo3'ment  of  a  greater  number  of  hands  at  the  public  armories 
.the  supply  of  small  arms  of  an  improving  quality  appears  to  be  annually 
increasing  at  a  rate  that,  with  those  made  on  private  contract,  may  be 
expected  to  go  far  toward  providing  for  the  public  exigency. 

The  act  of  Congress  providing  for  the  equipment  of  our  vessels  of  war 
having  been  fully  carried  into  execution,  I  refer  to  the  statement  of  the 
Secretary  of  the  Navy  for  the  information  which  may  be  proper  on  that 
subject.  To  that  statement  is  added  a  view  of  the  transfers  of  appropria- 
tions authorized  by  the  act  of  the  session  preceding  the  last  and  of  the 
grounds  on  which  the  transfers  were  made. 

Whatever  may  be  the  course  of  your  deliberations  on  the  subject  of  our 
military  establishments,  I  should  fail  in  my  duty  in  not  recommending  to 
your  serious  attention  the  importance  of  giving  to  our  militia,  the  great 
bulwark  of  our  security  and  resource  of  our  power,  an  organization  the 
best  adapted  to  eventual  situations  for  which  the  United  States  ought  to 
be  prepared. 

The  sums  which  had  been  previously  accumulated  in  the  Treasury, 
together  with  the  receipts  during  the  year  ending  on  the  30th  of  Sep- 
tember last  (and  amounting  to  more  than  $9,000,000),  have  enabled  us 
to  fulfill  all  our  engagements  and  to  defray  the  current  expenses  of  Gov- 
ernment without  recurring  to  any  loan.  But  the  insecurity  of  our  com- 
merce and  the  consequent  diminution  of  the  public  revenue  will  probably 
produce  a  deficiency  in  the  receipts  of  the  ensuing  year,  for  which  and 
for  other  details  I  refer  to  the  statements  which  will  be  transmitted 
from  the  Treasmy. 

In  the  state  which  has  been  presented  of  our  affairs  with  the  great 
parties  to  a  disastrous  and  protracted  war,  carried  on  in  a  mode  equally 
injurious  and  unjust  to  the  United  States  as  a  neutral  nation,  the  wisdom 
of  the  National  Legislature  will  be  again  summoned  to  the  important 
decision  on  the  alternatives  before  them.  That  these  will  be  met  in  a 
spirit  worthy  the  councils  of  a  nation  conscious  both  of  its  rectitude  and 
of  its  rights,  and  careful  as  well  of  its  honor  as  of  its  peace,  I  have  an 
entire  confidence;  and  that  the  result  will  be  stamped  by  a  unanimity 
becoming  the  occasion,  and  be  supported  by  every  portion  of  our  citizens 
with  a  patriotism  enlightened  and  invigorated  by  experience,  ought  as 
little  to  be  doubted. 

In  the  midst  of  the  wrongs  and  vexations  experienced  from  external 
causes  there  is  much  room  for  congratulation  on  the  prosperity  and  hap- 
piness flowing  from  our  situation  at  home.  The  blessing  of  health  has 
never  been  more  universal.     The  fruits  of  the  seasons,  though  in  par- 


James  Madison  /^yj 

ticular  articles  and  districts  short  of  their  usual  redundancy,  are  more 
than  sufficient  for  our  wants  and  our  comforts.  The  face  of  our  coun- 
try everywhere  presents  the  evidence  of  laudable  enterprise,  of  extensive 
capital,  and  of  durable  improvement.  In  a  cultivation  of  the  materials 
and  the  extension  of  useful  manufactures,  more  especially  in  the  general 
application  to  household  fabrics,  we  behold  a  rapid  diminution  of  our 
dependence  on  foreign  supplies.  Nor  is  it  unworthy  of  reflection  that 
this  revolution  in  our  pursuits  and  habits  is  in  no  slight  degree  a  conse- 
quence of  those  impolitic  and  arbitrary  edicts  by  which  the  contending 
nations,  in  endeavoring  each  of  them  to  obstruct  our  trade  with  the 
other,  have  so  far  abridged  our  means  of  procuring  the  productions  and 
manufactures  of  which  our  own  are  now  taking  the  place. 

Recollecting  always  that  for  every  advantage  which  may  contribute 
to  distinguish  our  lot  from  that  to  which  others  are  doomed  by  the 
unhappy  spirit  of  the  times  we  are  indebted  to  that  Divine  Providence 
whose  goodness  has  been  so  remarkably  extended  to  this  rising  nation, 
it  becomes  us  to  cherish  a  devout  gratitude,  and  to  implore  from  the  same 
omnipotent  source  a  blessing  on  the  consultations  and  measures  about 
to  be  undertaken  for  the  welfare  of  our  beloved  country, 

JAMES  MADISON. 


SPECIAL  MESSAGES. 

December  12,  i8og. 
To  the  House  of  Representatives  of  the  United  States: 

According  to  the  request  of  the  House  of  Representatives  expressed  in 
their  resolution  of  the  i  ith  instant,  I  now  lay  before  them  a  printed  copy  of 
a  paper  purporting  to  be  a  circular  letter  from  Mr.  Jackson  to  the  British 
consuls  in  the  United  States,  as  received  in  a  Gazette  at  the  Department 
of  State;  and  also  a  printed  paper  received  in  a  letter  from  our  minister 
in  London,  purporting  to  be  a  copy  of  a  dispatch  from  Mr.  Canning  to 
Mr.  Erskine  of  the  23d  of  January  last. 

JAMES  MADISON. 


December  16,  1809. 
To  the  Senate  of  the  United  States: 

Agreeably  to  the  request  in  the  resolution  of  the  15th  instant,  I  trans- 
mit a  copy  of  the  correspondence  with  the  governor  of  Pennsylvania  in 
the  case  of  Gideon  Olmstead. 

JAMES  MADISON. 


478  Messages  and  Papers  of  the  Presidents 

December  16,  1809. 
To  the  House  0/  Representatives  0/  the  United  States: 

Agreeably  to  the  request  expressed  in  the  resolution  of  the  13th  instant, 
I  lay  before  the  House  extracts  from  the  correspondence  of  the  minister 
plenipptentiary  of  the  United  States  at  London. 

JAMES  MADISON. 


December  22,  1809. 
To  the  Senate  of  the  United  States: 

I  lay  before  the  Senate,  for  their  consideration  whether  they  will  advise 
and  consent  to  the  ratification  thereof,  a  treaty  concluded  on  the  30th 
September  last  with  the  Delaware,  Potawattamie,  Miami,  and  Eel-river 
Miami  Indian  tribes  northwest  of  the  Ohio;  a  separate  article  of  the  same 
date,  with  the  said  tribes,  and  a  convention  wnth  the  Weea  tribe,  con- 
cluded on  the  26th  October  last;  the  whole  being  accompanied  with  the 
explanatory  documents. 

JAMES  MADISON. 


January  3,  18 10. 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

The  act  authorizing  a  detachment  of  100,000  men  from  the  militia  will 
expire  on  the  30th  of  March  next.  Its  early  revival  is  recommended, 
in  order  that  timely  steps  may  be  taken  for  arrangements  such  as  the  act 
contemplated. 

Without  interfering  with  the  modifications  rendered  necessary  by  the 
defects  or  the  inejQBcacy  of  the  laws  restrictive  of  commerce  and  na\aga- 
tion,  or  with  the  policy  of  disallowing  to  foreign  armed  vessels  the  use 
of  our  waters,  it  falls  within  my  duty  to  recommend  also  that,  in  addition 
to  the  precautionary  measure  authorized  by  that  act  and  to  the  regular 
troops  for  completing  the  legal  establishment  of  which  enlistments  are 
renewed,  every  necessary  provision  may  be  made  for  a  volunteer  force  of 
20,000  men,  to  be  enlisted  for  a  short  period  and  held  in  a  state  of  organi- 
zation and  readiness  for  actual  service  at  the  shortest  warning. 

I  submit  to  the  consideration  of  Congress,  moreover,  the  expediency 
of  such  a  classification  and  organization  of  the  militia  as  will  best  insure 
prompt  and  successive  aids  from  that  source,  adequate  to  emergencies 
which  may  call  for  them. 

It  will  rest  with  them  also  to  determine  how  far  further  provision  may 
be  expedient  for  putting  into  actual  service,  if  necessary,  any  part  of  the 
naval  armament  not  now  employed. 

At  a  period  presenting  features  in  the  conduct  of  foreign  powers  toward 
the  United  States  which  impose  on  them  the  necessity  of  precautionary 
measures  involving  expense,  it  is  a  happy  consideration  that  such  is  the 


James  Madison  479 

solid  state  of  the  public  credit  that  reliance  may  be  justly  placed  on  any 
legal  provision  that  may  be  made  for  resorting  to  it  in  a  convenient  form 
and  to  an  adequate  amount. 

JAMES  MADISON. 

January  9,  18 10. 

To  the  Senate  of  the  United  States: 

I  lay  before  the  Senate,  for  their  consideration  whether  they  will  advise 
and  consent  to  the  ratification  thereof,  a  treaty  concluded  on  the  9th  day 
of  December  last  with  the  Kickapoo  tribe  of  Indians,  accompanied  by 
explanations  in  an  extract  of  a  letter  from  the  governor  of  the  Indiana 
Territory. 

JAMES  MADISON. 

January  15,  1810. 
To  the  Senate  of  the  United  States: 

I  lay  before  the  Senate,  for  their  consideration  whether  they  will 
advise  and  consent  to  the  ratification  thereof,  a  treaty  concluded  with 
the  Great  and  Little  Osage  Indians  on  the  loth  day  of  November,  1808, 
and  the  31st  day  of  August,  1809. 

JAMES  MADISON. 

January  22,  18 10. 
To  the  Senate  of  the  United  States: 

I  transmit  to  the  Senate  a  report  of  the  Secretary  of  the  Treasury, 

complying  with  their  resolution  of  the  27th  of  December,  on  the  subject 

of  disbursements  in  the  intercourse  with  the  Barbary  Powers. 

JAMES  MADISON. 

February  28,  18 10. 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

I  now  lay  before  you  copies  of  the  treaties  concluded  with  the  Dela- 
ware, Pottawatamie,  Miami,  Eel  River,  and  Wea  tribes  of  Indians  for 
the  extinguishment  of  their  title  to  the  lands  therein  described,  and  I 
recommend  to  the  consideration  of  Congress  the  making  provision  by 
law  for  carrying  them  into  execution. 

JAMES  MADISON. 

March  15,  1810. 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

A  treaty  having  been  entered  into  and  duly  ratified  with  the  Kickapoo 
tribe  of  Indians  for  the  extinguishment  of  their  title  to  certain  lands 
within  the  Indiana  Territory,  involving  conditions  which  require  legisla- 
tive provision,  I  submit  copies  thereof  to  both  branches  for  consideration. 

JAMES  MADISON. 


480  Messages  and  Papers  of  the  Presidents 

March  27,  1810. 
To  the  House  of  Representatives  of  the  United  States: 

In  consequence  of  your  resolution  of  the  26th  instant,  an  inquity  has 
been  made  into  the  correspondence  of  our  minister  at  the  Court  of  Lon- 
don with  the  Department  of  State,  from  which  it  appears  that  no  official 
communication  has  been  received  from  him  since  his  receipt  of  the  letter 
of  November  23  last  from  the  Secretary  of  State.  A  letter  of  January  4, 
18 10,  has  been  received  from  that  minister  by  Mr.  Smith,  but  being 
stated  to  be  private  and  unofficial,  and  involving,  moreover,  personal  con- 
siderations of  a  delicate  nature,  a  copy  is  considered  as  not  within  the 
purview  of  the  call  of  the  House. 

JAMES  MADISON. 


PROCLAMATIONS. 
By  the  President  of  the  United  States  of  America. 

A  PROCLAMATION. 

Whereas  the  territory  south  of  the  Mississippi  Territory  and  eastward 
of  the  river  Mississippi,  and  extending  to  the  river  Perdido,  of  which  pos- 
session was  not  delivered  to  the  United  States  in  pursuance  of  the  treaty 
concluded  at  Paris  on  the  30th  April,  1803,  has  at  all  times,  as  is  well 
known,  been  considered  and  claimed  by  them  as  being  within  the  colony  of 
Louisiana  conveyed  by  the  said  treaty  in  the  same  extent  that  it  had  in  the 
hands  of  Spain  and  that  it  had  when  France  originally  possessed  it ;  and 

Whereas  the  acquiescence  of  the  United  States  in  the  temporary  con- 
tinuance of  the  said  territory  under  the  Spanish  authority  was  not  the 
result  of  any  distrust  of  their  title,  as  has  been  particularly  e\dnced  by 
the  general  tenor  of  their  laws  and  by  the  distinction  made  in  the  appli- 
cation of  those  laws  between  that  territory  and  foreign  countries,  but 
was  occasioned  by  their  conciliatory  views  and  by  a  confidence  in  the 
justice  of  their  cause  and  in  the  success  of  candid  discussion  and  amica- 
ble negotiation  with  a  just  and  friendly  power;  and 

Whereas  a  satisfactory  adjustment,  too  long  delayed,  without  the  fault 
of  the  United  States,  has  for  some  time  been  entirely  suspended  by  events 
over  which  they  had  no  control;  and 

Whereas  a  crisis  has  at  length  arrived  subversive  of  the  order  of  things 
under  the  Spanish  authorities,  whereby  a  failure  of  the  United  States  to 
take  the  said  territor>^  into  its  possession  may  lead  to  events  ultimately 
contravening  the  views  of  both  parties,  whilst  in  the  meantime  the  tran- 
quillity and  security  of  our  adjoining  territories  are  endangered  and  new 
facilities  given  to  violations  of  our  revenue  and  commercial  laws  and  of 
those  prohibiting  the  introduction  of  slaves; 


James  Madison  481 

Considering,  moreover,  that  under  these  peculiar  and  imperative  cir- 
cumstances a  forbearance  on  the  part  of  the  United  States  to  occupy  the 
territor>'  in  question,  and  thereby  guard  against  the  confusions  and  con- 
tingencies which  threaten  it,  might  be  construed  into  a  dereliction  of 
their  title  or  an  insensibility  to  the  importance  of  the  stake;  considering 
that  in  the  hands  of  the  United  States  it  will  not  cease  to  be  a  subject  of 
fair  and  friendly  negotiation  and  adjustment;  considering,  finally,  that 
the  acts  of  Congress,  though  contemplating  a  present  possession  by  a 
foreign  authority,  have  contemplated  also  an  eventual  possession  of  the 
said  territory  by  the  United  States,  and  are  accordingly  so  framed  as  in 
that  case  to  extend  in  their  operation  to  the  same: 

Now  be  it  known  that  I,  James  Madison,  President  of  the  United  States 
of  America,  in  pursuance  of  these  weighty  and  urgent  considerations, 
have  deemed  it  right  and  requisite  that  possession  should  be  taken  of  the 
said  territory  in  the  name  and  behalf  of  the  United  States.  William  C.  C. 
Claiborne,  governor  of  the  Orleans  Territory,  of  which  the  said  Territory 
is  to  be  taken  as  part,  will  accordingly  proceed  to  execute  the  same  and  to 
exercise  over  the  said  Territory  the  authorities  and  functions  legally  apper- 
taining to  his  office;  and  the  good  people  inhabiting  the  same  are  invited 
and  enjoined  to  pay  due  respect  to  him  in  that  character,  to  be  obedient 
to  the  law^s,  to  maintain  order,  to  cherish  harmony,  and  in  every  manner  to 
conduct  themselves  as  peaceable  citizens,  under  full  assurance  that  they 
will  be  protected  in  the  enjoyment  of  their  liberty,  property,  and  religion. 

In  testimony  whereof  I  have  caused  the  seal  of  the  United  States  to  be 
hereunto  affixed,  and  signed  the  same  with  my  hand. 
P  1         Done  at  the  city  of  Washington,  the  27th  day  of  October, 

A.  D.  18 10,  and  in  the  thirty-fifth  year  of  the  Independence 
of  the  said  United  States.  JAMES  MADISON. 

By  the  President: 

R.  Smith, 

Secretary  of  State. 


[From  Annals  of  Congress,  Eleventh  Congress,  third  session,  1248.] 

By  the  President  of  the  United  States  of  America. 

A  PROCLAMATION. 

Whereas  by  the  fourth  section  of  the  act  of  Congress  passed  on  the 
ist  day  of  May,  1810,  entitled  "An  act  concerning  the  commercial  inter- 
course between  the  United  States  and  Great  Britain  and  France  and 
their  dependencies,  and  for  other  purposes,"  it  is  provided  "that  in  case 
either  Great  Britain  or  France  shall  before  the  3d  day  of  March  next  so 
revoke  or  modify  her  edicts  as  that  they  shall  cease  to  violate  the  neutral 
commerce  of  the  United  States,  which  fact  the  President  of  the  United 
States  shall  declare  by  proclamation,  and  if  the  other  nation  shall  not 
M  P — vol,  I — 31 


482  Messages  and  Papers  of  the  Presidents 

within  three  months  thereafter  so  revoke  or  modify  her  edicts  in  like 
manner,  then  the  third,  fourth,  fifth,  sixth,  seventh,  eighth,  ninth,  tenth, 
and  eighteenth  sections  of  the  act  entitled  *  An  act  to  interdict  the  com- 
mercial intercourse  between  the  United  States  and  Great  Britain  and 
France  and  their  dependencies,  and  for  other  purposes,'  shall  from  and 
after  the  expiration  of  three  months  from  the  date  of  the  proclamation 
aforesaid  be  revived  and  have  full  force  and  effect  so  far  as  relates  to 
the  dominions,  colonies,  and  dependencies,  and  to  the  articles  the  growth, 
produce,  or  manufacture  of  the  dominions,  colonies,  and  dependencies,  of 
the  nation  thus  refusing  or  neglecting  to  revoke  or  modify  her  edicts  in 
the  manner  aforesaid.  And  the  restrictions  imposed  by  this  act  shall, 
from  the  date  of  such  proclamation  cease  and  be  discontinued  in  relation 
to  the  nation  revoking  or  modifying  her  decrees  in  the  manner  aforesaid;" 
and 

Whereas  it  has  been  officially  made  known  to  this  Government  that  the 
edicts  of  France  violating  the  neutral  commerce  of  the  United  States  have 
been  so  revoked  as  to  cease  to  have  effect  on  the  ist  of  the  present  month: 

Now,  therefore,  I,  James  Madison,  President  of  the  United  States,  do 
hereby  proclaim  that  the  said  edicts  of  France  have  been  so  revoked  as 
that  they  ceased  on  the  said  ist  day  of  the  present  month  to  violate  the 
neutral  commerce  of  the  United  States,  and  that  from  the  date  of  these 
presents  all  the  restrictions  imposed  b}^  the  aforesaid  act  shall  cease  and 
be  discontinued  in  relation  to  France  and  their  dependencies. 

In  testimou)^  w^hereof  I  have  caused  the  seal  of  the  United  States  to  be 
hereimto  affixed,  and  signed  the  same  with  my  hand,  at  the 
[seal.]  city  of  Washington,  this  2d  day  of  November,  A.  D.  1810,  and 
of  the  Independence  of  the  United  States  the  thirty-fifth. 

JAMES  MADISON. 
By  the  President: 

R.  Smith, 

Secretary  of  State. 


SECOND  ANNUAL  MESSAGE. 

Washington,  December  5,  i8io. 
Fellow-Citizens  of  the  Senate  and  of  the  House  of  Representatives: 

The  embarrassments  which  have  prevailed  in  our  foreign  relations,  and 
so  much  employed  the  deliberations  of  Congress,  make  it  a  primary  duty 
in  meeting  you  to  communicate  whatever  may  have  occurred  in  that 
branch  of  our  national  affairs. 

The  act  of  the  last  session  of  Congress  concerning  the  commercial  in- 
tercourse between  the  United  States  and  Great  Britain  and  France  and 
their  dependencies  having  invited  in  a  new  form  a  termination  of  their 


James  Madison  483 

edicts  against  our  neutral  commerce,  copies  of  the  act  were  immediately 
forwarded  to  our  ministers  at  London  and  Paris,  with  a  view  that  its 
object  might  be  within  the  early  attention  of  the  French  and  British  Gov- 
ernments. 

By  the  communication  received  through  our  minister  at  Paris  it  ap- 
peared that  a  knowledge  of  the  act  by  the  French  Government  was  fol- 
lowed by  a  declaration  that  the  Berlin  and  Milan  decrees  were  revoked, 
and  would  cease  to  have  effect  on  the  ist  day  of  November  ensuing. 
These  being  the  only  known  edicts  of  France  within  the  description  of 
the  act,  and  the  revocation  of  them  being  such  that  they  ceased  at  that 
date  to  violate  our  neutral  commerce,  the  fact,  as  prescribed  by  law,  was 
announced  by  a  proclamation  bearing  date  the  2d  day  of  November. 

It  would  have  well  accorded  with  the  conciliatory  views  indicated  by 
this  proceeding  on  the  part  of  France  to  have  extended  them  to  all  the 
grounds  of  just  complaint  which  now  remain  unadjusted  with  the  United 
States.  It  was  particularly  anticipated  that,  as  a  further  evidence  of  just 
dispositions  toward  them,  restoration  would  have  been  immediately  made 
of  the  property  of  our  citizens  seized  under  a  misapplication  of  the  prin- 
ciple of  reprisals  combined  with  a  misconstruction  of  a  law  of  the  United 
States.     This  expectation  has  not  been  fulfilled. 

From  the  British  Government  no  communication  on  the  subject  of  the 
act  has  been  received.  To  a  communication  from  our  minister  at  Lon- 
don of  a  revocation  by  the  French  Government  of  its  Berlin  and  Milan 
decrees  it  was  answered  that  the  British  system  would  be  relinquished  as 
soon  as  the  repeal  of  the  French  decrees  should  have  actually  taken  effect 
and  the  commerce  of  neutral  nations  have  been  restored  to  the  condition 
in  which  it  stood  previously  to  the  promulgation  of  those  decrees.  This 
pledge,  although  it  does  not  necessarily  import,  does  not  exclude  the 
intention  of  relinquishing,  along  with  the  orders  in  council,  the  practice 
of  those  novel  blockades  which  have  a  like  effect  of  interrupting  our  neu- 
tral commerce,  and  this  further  justice  to  the  United  States  is  the  rather 
to  be  looked  for,  inasmuch  as  the  blockades  in  question,  being  not  more 
contrary  to  the  established  law  of  nations  than  inconsistent  with  the  rules 
of  blockade  formally  recognized  by  Great  Britain  herself,  could  have  no 
alleged  basis  other  than  the  plea  of  retaliation  alleged  as  the  basis  of  the 
orders  in  council.  Under  the  modification  of  the  original  orders  of  No- 
vember, 1807,  into  the  orders  of  April,  1809,  there  is,  indeed,  scarcely  a 
nominal  distinction  between  the  orders  and  the  blockades.  One  of  those 
illegitimate  blockades,  bearing  date  in  May,  1806,  having  been  expressly 
avowed  to  be  still  unrescinded,  and  to  be  in  effect  comprehended  in  the 
orders  in  council,  was  too  distinctly  brought  within  the  pur\'iew  of  the  act 
of  Congress  not  to  be  comprehended  in  the  explanation  of  the  requisites 
to  a  compliance  with  it.  The  British  Government  was  accordingly  ap- 
prised by  our  minister  near  it  that  such  was  the  light  in  which  the  sub- 
ject was  to  be  regarded. 


484  Messages  and  Papers  of  the  Presidents 

On  the  other  important  subjects  depending  between  the  United  States 
and  that  Government  no  progress  has  been  made  from  which  an  early  and 
satisf acton.'  result  can  be  relied  on. 

In  this  new  posture  of  our  relations  with  those  powers  the  considera- 
tion of  Congress  will  be  properly  turned  to  a  removal  of  doubts  which 
may  occur  in  the  exposition  and  of  difficulties  in  the  execution  qf  the  act 
above  cited. 

The  commerce  of  the  United  States  with  the  north  of  Europe,  here- 
tofore much  vexed  by  licentious  cruisers,  particularly  under  the  Danish 
flag,  has  latterly  been  visited  with  fresh  and  extensive  depredations.  The 
measures  pursued  in  behalf  of  our  injured  citizens  not  having  obtained 
justice  for  them,  a  further  and  more  formal  interposition  with  the  Danish 
Gov^ernment  is  contemplated.  The  principles  which  have  been  main- 
tained by  that  Government  in  relation  to  neutral  commerce,  and  the 
friendly  professions  of  His  Danish  Majesty  toward  the  United  States,  are 
valuable  pledges  in  favor  of  a  successful  issue. 

Among  the  events  growing  out  of  the  state  of  the  Spanish  Monarchy, 
our  attention  was  imperiously  attracted  to  the  change  developing  itself 
in  that  portion  of  West  Florida  which,  though  of  right  appertaining  to 
the  United  States,  had  remained  in  the  possession  of  Spain  awaiting  the 
result  of  negotiations  for  its  actual  delivery  to  them.  The  Spanish 
authority  was  subverted  and  a  situation  produced  exposing  the  country 
to  ulterior  events  which  might  essentially  affect  the  rights  and  welfare 
of  the  Union.  In  such  a  conjuncture  I  did  not  delay  the  interposition 
required  for  the  occupancy  of  the  territory  west  of  the  river  Perdido,  to 
which  the  title  of  the  United  States  extends,  and  to  which  the  laws  pro- 
vided for  the  Territory  of  Orleans  are  applicable.  With  this  view,  the 
proclamation  of  which  a  copy  is  laid  before  you  was  confided  to  the 
governor  of  that  Territory  to  be  carried  into  effect.  The  legality  and 
necessity  of  the  course  pursued  assure  me  of  the  favorable  light  in  which 
it  will  present  itself  to  the  Legislature,  and  of  the  promptitude  with 
which  they  will  supply  whatever  provisions  may  be  due  to  the  essential 
rights  and  equitable  interests  of  the  people  thus  brought  into  the  bosom 
of  the  American  family. 

Our  amity  with  the  powers  of  Barbary,  with  the  exception  of  a  recent 
occurrence  at  Tunis,  of  which  an  explanation  is  just  received,  appears  to 
have  been  uninterrupted  and  to  have  become  more  firmly  established. 

With  the  Indian  tribes  also  the  peace  and  friendship  of  the  United 
States  are  found  to  be  so  eligible  that  the  general  disposition  to  preserve 
both  continues  to  gain  strength. 

I  feel  particular  satisfaction  in  remarking  that  an  interior  view  of  our 
country  presents  us  with  grateful  proofs  of  its  substantial  and  increasing 
prosperity.  To  a  thriving  agriculture  and  the  improvements  related  to 
it  is  added  a  highly  interesting  extension  of  useful  manufactures,  the 
combined  product  of  professional  occupations  and  of  household  industry. 


James  Madison  485 

Such  indeed  is  the  experience  of  economy  as  well  as  of  policy  in  these 
substitutes  for  supplies  heretofore  obtained  by  foreign  commerce  that  in 
a  national  view  the  change  is  justly  regarded  as  of  itself  more  than  a 
recompense  for  those  privations  and  losses  resulting  from  foreign  injus- 
tice which  furnished  the  general  impulse  required  for  its  accomplishment. 
How  far  it  may  be  expedient  to  guard  the  infancy  of  this  improvement 
in  the  distribution  of  labor  by  regulations  of  the  commercial  tariff  is  a 
subject  which  can  not  fail  to  suggest  itself  to  your  patriotic  reflections. 

It  will  rest  with  the  consideration  of  Congress  also  whether  a  provi- 
dent as  well  as  fair  encouragement  would  not  be  given  to  our  na\ngation 
by  such  regulations  as  would  place  it  on  a  level  of  competition  with  for- 
eign vessels,  particularly  in  transporting  the  important  and  bulky  produc- 
tions of  our  own  soil.  The  failure  of  equality  and  reciprocity  in  the 
existing  regulations  on  this  subject  operates  in  our  ports  as  a  premium 
to  foreign  competitors,  and  the  inconvenience  must  increase  as  these  may 
be  multiplied  under  more  favorable  circumstances  by  the  more  than  coun- 
tervailing encouragements  now  given  them  by  the  laws  of  their  respective 
countries. 

Whilst  it  is  universally  admitted  that  a  well-instructed  people  alone  can 
be  permanently  a  free  people,  and  whilst  it  is  e\adent  that  the  means  of 
diffusing  and  impro\nng  useful  knowledge  form  so  small  a  proportion  of 
the  expenditures  for  national  purposes,  I  can  not  presume  it  to  be  unsea- 
sonable to  invite  your  attention  to  the  advantages  of  superadding  to  the 
means  of  education  provided  by  the  several  States  a  seminar\"  of  learning 
instituted  by  the  National  Legislature  within  the  limits  of  their  exclusive 
jurisdiction,  the  expense  of  which  might  be  defrayed  or  reimbursed  out 
of  the  vacant  grounds  which  have  accrued  to  the  nation  within  those 
limits. 

Such  an  institution,  though  local  in  its  legal  character,  would  be  uni- 
versal in  its  beneficial  effects.  By  enlightening  the  opinions,  by  expand- 
ing the  patriotism,  and  by  assimilating  the  principles,  the  sentiments, 
and  the  manners  of  those  who  might  resort  to  this  temple  of  science,  to 
be  redistributed  in  due  time  through  ever)-  part  of  the  community, 
sources  of  jealousy  and  prejudice  would  be  diminished,  the  features  of 
national  character  would  be  multiplied,  and  greater  extent  given  to  social 
harmony.  But,  above  all,  a  well-constituted  seminary  in  the  center  of 
the  nation  is  recommended  by  the  consideration  that  the  additional 
instruction  emanating  from  it  would  contribute  not  less  to  strengthen 
the  foundations  than  to  adorn  the  structure  of  our  free  and  happy  system 
of  government. 

Among  the  commercial  abuses  still  committed  under  the  American 
flag,  and  leaving  in  force  my  former  reference  to  that  subject,  it  appears 
that  American  citizens  are  instrumental  in  carrying  on  a  traffic  in  en- 
slaved Africans,  equally  in  violation  of  the  laws  of  humanity  and  in 
defiance  of  those  of  their  own  country.     The  same  just  and  benevolent 


486  Messages  and  Papers  of  the  Presidents 

motives  which  produced  the  interdiction  in  force  against  this  criminal 
conduct  will  doubtless  Ije  felt  by  Congress  in  devnsing  further  means  of 
suppressing  the  evil. 

In  the  midst  of  uncertainties  necessarily  connected  with  the  great 
interests  of  the  United  States,  prudence  requires  a  continuance  of  our 
defensive  and  precautionary  arrangement.  The  Secretary  of  War  and 
Secretary  of  the  Nav>'  will  submit  the  statements  and  estimates  which 
may  aid  Congress  in  their  ensuing  provisions  for  the  land  and  naval 
forces.  The  statements  of  the  latter  will  include  a  view  of  the  transfers 
pf  appropriations  in  the  naval  expenditures  and  the  grounds  on  which 
they  were  made. 

The  fortifications  for  the  defense  of  our  maritime  frontier  have  been 
prosecuted  according  to  the  plan  laid  down  in  1808.  The  works,  with 
some  exceptions,  are  completed  and  furnished  with  ordnance.  Tho.se  for 
the  .security  of  the  city  of  New  York,  though  far  advanced  toward  com- 
pletion, will  require  a  further  time  and  appropriation.  This  is  the  case 
Avith  a  few  others,  either  not  completed  or  in  need  of  repairs. 

The  improvements  in  quality  and  quantity  made  in  the  manufacture 
of  cannon  and  small  arms,  both  at  the  public  armories  and  private  facto- 
ries, warrant  additional  confidence  in  the  competency  of  these  resources 
for  supplying  the  public  exigencies. 

These  preparations  for  arming  the  militia  having  thus  far  provided  for 
one  of  the  objects  contemplated  by  the  power  vested  in  Congress  with 
respect  to  that  great  bulwark  of  the  public  safety,  it  is  for  their  con- 
sideration whether  further  provisions  are  not  requisite  for  the  other 
contemplated  objects  of  organization  and  discipline.  Td  give  to  this 
great  mass  of  physical  and  moral  force  the  efficiency  w^hich  it  merits, 
and  is  capable  of  receiving,  it  is  indispensable  that  they  should  be  in- 
structed and  practiced  in  the  rules  by  which  they  are  to  be  governed. 
Toward  an  accomplishment  of  this  important  work  I  recommend  for  the 
consideration  of  Congress  the  expediency  of  instituting  a  system  which 
shall  in  the  first  instance  call  into  the  field  at  the  public  expense  and  for 
a  given  time  certain  portions  of  the  commissioned  and  noncommissioned 
officers.  The  instruction  and  discipline  thus  acquired  would  gradually 
diffuse  through  the  entire  body  of  the  militia  that  practical  knowledge 
and  promptitude  for  active  service  which  are  the  great  ends  to  be  pur- 
sued. Experience  has  left  no  doubt  either  of  the  necessity  or  of  the 
efficacy  of  competent  military  skill  in  those  portions  of  an  army  in  fitting 
it  for  the  final  duties  which  it  may  have  to  perform. 

The  Corps  of  Engineers,  with  the  Military  Academy,  are  entitled  to 
the  early  attention  of  Congress.  The  buildings  at  the  seat  fixed  by  law 
for  the  present  Academy  are  so  far  in  decay  as  not  to  afford  the  necessary 
accommodation.  But  a  revision  of  the  law  is  recommended,  principally 
with  a  view  to  a  more  enlarged  cultivation  and  diffusion  of  the  advan- 
tages of  such  institutions,  by  providing  professorships  for  all  the  necessary 


James  Madisojt  487 

branches  of  military  instruction,  and  by  the  estabUshment  of  an  addi- 
tional academy  at  the  seat  of  Government  or  elsewhere.  The  means  by 
which  war,  as  well  for  defense  as  for  offense,  are  now  carried  on  render 
these  schools  of  the  more  scientific  operations  an  indispensable  part  of 
every  adequate  system.  Even  among  nations  whose  large  standing  armies 
and  frequent  v.ars  afford  every  other  opportunity  of  instruction  these 
establishments  are  found  to  be  indispensable  for  the  due  attainment  of 
the  branches  of  military  science  which  require  a  regular  course  of  study 
and  experiment.  In  a  government  happily  without  the  other  opportu- 
nities seminaries  where  the  elementary  principles  of  the  art  of  war  can 
be  taught  without  actual  war,  and  without  the  expense  of  extensive 
and  standing  armies,  have  the  precious  advantage  of  uniting  an  essential 
preparation  against  external  danger  with  a  scrupulous  regard  to  internal 
safety.  In  no  other  way,  probably,  can  a  provision  of  equal  efficacy  for 
the  public  defense  be  made  at  so  little  expense  or  more  consistently  with 
the  public  liberty. 

The  receipts  into  the  Treasury  during  the  year  ending  on  the  30th  of 
September  last  (and  amounting  to  more  than  $8,500,000)  have  exceeded 
the  current  expenses  of  the  Government,  including  the  interest  on  the 
public  debt.  For  the  purpose  of  reimbursing  at  the  end  of  the  year 
$3>75c>»ooo  of  the  principal,  a  loan,  as  authorized  by  law,  had  been  nego- 
tiated to  that  amount,  but  has  since  been  reduced  to  $2,750,000,  the  re- 
duction being  permitted  by  the  state  of  the  Treasury,  in  which  there 
will  be  a  balance  remaining  at  the  end  of  the  year  estimated  at  $2,000,000. 
For  the  probable  receipts  of  the  next  year  and  other  details  I  refer  to 
statements  which  will  be  transmitted  from  the  Treasury,  and  which  will 
enable  you  to  judge  what  further  pro  visions,  may  be  necessary  for  the 
ensuing  years. 

Reservdng  for  future  occasions  in  the  course  of  the  session  whatever 

other  communications  may  claim  your  attention,  I  close  the  present  by 

expressing  my  reliance,  under  the  blessing  of  Divine  Providence,  on  the 

judgment  and  patriotism  which  will  gfuide  your  measures  at  a  period 

particularly  calling  for  united  councils  and  inflexible  exertions  for  the 

welfare  of  our  country,  and  by  assuring  you  of  the  fidelity  and  alacrity 

with  which  my  cooperation  will  be  afforded. 

JAMES  MADISON. 


SPECIAL  MESSAGES. 

December  12,  1810. 
To  the  Senate  and  Honse  of  Representatives  0/  the  United  States: 

I  Xa-y  before  Congress,  and  recommend  to  their  early  attention,  a 
report  of  the  Secretary  of  State,  from  which  it  will  be  seen  that  a  ver>' 
considerable  demand  beyond  the  legal  appropriations  has  been  incurred 


488  Messages  and  Papers  of  the  Presidents 

for  the  support  of  seamen  distressed  by  seizures,  in  different  parts  of 
Europe,  of  the  vessels  to  which  they  belonged. 

JAMES  MADISON. 

Washington, /awwary  J,  1811. 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

I  communicate  to  Congress,  in  confidence,  a  letter  of  the  2d  of  Decem- 
ber from  Governor  Folch,  of  West  Florida,  to  the  Secretary  of  State,  and 
another  of  the  same  date  from  the  same  to  John  McKee. 

I  communicate  in  like  manner  a  letter  from  the  British  charge  d'af- 
faires to  the  Secretary  of  State,  with  the  answer  of  the  latter.  Although 
the  letter  can  not  have  been  written  in  consequence  of  any  instruction 
from  the  British  Government  founded  on  the  late  order  for  taking  pos- 
session of  the  portion  of  West  Florida  well  known  to  be  claimed  by  the 
United  States;  although  no  communication  has  ever  been  made  by  that 
Government  to  this  of  any  stipulation  with  Spain  contemplating  an 
interposition  which  might  so  materially  affect  the  United  States,  and 
although  no  call  can  have  been  made  by  Spain  in  the  present  instance 
for  the  fulfillment  of  any  such  subsisting  engagement,  j^et  the  spirit  and 
scope  of  the  document,  with  the  accredited  source  from  which  it  proceeds, 
required  that  it  should  not  be  withheld  from  the  consideration  of  Congress. 

Taking  into  view  the  tenor  of  these  several  communications,  the  po.s- 
ture  of  things  with  which  they  are  connected,  the  intimate  relation  of 
the  country  adjoining  the  United  States  eastward  of  the  river  Perdido 
to  their  security  and  tranquillity,  and  the  peculiar  interest  they  other- 
wise have  in  its  destiny,  I  recommend  to  the  consideration  of  Congress 
the  seasonableness  of  a  declaration  that  the  United  States  could  not  see 
without  serious  inquietude  any  part  of  a  neighboring  territory'  in  which 
they  have  in  different  respects  so  deep  and  so  just  a  concern  pass  from 
the  hands  of  Spain  into  those  of  any  other  foreign  power. 

I  recommend  to  their  consideration  also  the  expediency  of  authoriz- 
ing the  Executive  to  take  temporary  possession  of  an)^  part  or  parts  of 
the  said  Territory,  in  pursuance  of  arrangements  which  may  be  desired 
by  the  Spanish  authorities,  and  for  making  provision  for  the  government 
of  the  same  during  such  possession. 

The  wisdom  of  Congress  will  at  the  same  time  determine  how  far  it 
may  be  expedient  to  provide  for  the  event  of  a  subversion  of  the  Span- 
ish authorities  within  the  Territory  in  question,  and  an  apprehended 
occupancy  thereof  by  any  other  foreign  power. 

JAMES  MADISON. 

January  10,  181 1. 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

I  communicate  to  Congress,  in  confidence,  the  translation  of  a  letter 
from  Louis  de  Onis  to  the  captain-general  of  Caraccas. 


Javies  Madison  489 

The  tendency  of  misrepresentations  and  suggestions  which  it  may  be 
inferred  from  this  specimen  enter  into  more  important  correspondences 
of  the  writer  to  promote  in  foreign  councils  at  a  critical  period  views 
adverse  to  the  peace  and  to  the  best  interests  of  our  country  renders  the 
contents  of  the  letter  of  sufficient  moment  to  be  made  known  to  the 
Legislature. 

JAMES  MADISON. 


January  30,  181 1. 
■^^.7^  the  Senate  and  House  of  Representatives  of  the  United  States: 

I  transmit  to  Congre.ss  copies  of  a  letter  from  the  Secretary  of  the 
Treasury,  accompanied  by  copies  of  the  Laws,  Treaties,  and  other  Docu- 
ments Relative  to  the  Public  Lands,  as  collected  and  arranged  pursuant 
to  the  act  passed  April  27,  18 10. 

JAMES  MADISON. 


January  31,  181 1. 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

I  lay  before  Congress  a  letter  from  the  charge  d'affaires  of  the  United 
States  at  Paris  to  the  Secretary  of  State,  and  another  from  the  same  to 
the  French  minister  of  foreign  relations;  also  two  letters  from  the  agent 
of  the  American  consul  at  Bordeaux  to  the  Secretary  of  State. 

JAMES  MADISON. 


February  16.  181 1. 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

I  now  lay  before  Congress  the  treaty  concluded  on  the  loth  of  Novem- 
ber, 1808,  on  the  part  of  the  United  States  with  the  Great  and  Little 
Osage  tribes  of  Indians,  with  a  view  to  such  legal  provisions  as  may  be 
deemed  proper  for  fulfilling  its  stipulations. 

JAMES  MADISON. 


VETO  MESSAGES. 

February  21,  181 1. 
To  the  House  of  Representatives  of  the  United  States: 

Having  examined  and  considered  the  bill  entitled  "An  act  incorporat- 
ing the  Protestant  Episcopal  Church  in  the  town  of  Alexandria,  in  the 


490  Messages  and  Papers  of  the  Presidents 

District  of  Columbia,"  I  now  return  the  bill  to  the  House  of  Represent- 
atives, in  which  it  originated,  with  the  following  objections: 

Because  the  bill  exceeds  the  rightful  authority  to  which  governments 
are  limited  by  the  essential  distinction  between  civil  and  religious  func- 
tions, and  violates  in  particular  the  article  of  the  Constitution  of  the 
United  States  which  declares  that  "Congress  shall  make  no  law  respect- 
ing a  religious  establishment. ' '  The  bill  enacts  into  and  establishes  by 
law  sundry  rules  and  proceedings  relative  purely  to  the  organization  and 
polity  of  the  church  incorporated,  and  comprehending  even  the  election 
and  remo\al  of  the  minister  of  the  same,  so  that  no  change  could  be 
made  therein  by  the  particular  society  or  by  the  general  church  of  which 
it  is  a  member,  and  whose  authority  it  recognizes.  This  particular 
church,  therefore,  would  so  far  be  a  religious  establishment  by  law,  a 
legal  force  and  sanction  being  given  to  certain  articles  in  its  constitution 
and  administration.  Nor  can  it  be  considered  that  the  articles  thus 
established  are  to  be  taken  as  the  descriptive  criteria  only  of  the  corpo- 
rate identity  of  the  society,  inasmuch  as  this  identity  must  depend  on 
other  characteristics,  as  the  regulations  established  are  generally  unes- 
sential and  alterable  according  to  the  principles  and  canons  by  which 
churches  of  that  denomination  govern  themselves,  and  as  the  injunc- 
tions and  prohibitions  contained  in  the  regulations  would  be  enforced  by 
the  penal  consequences  applicable  to  a  violation  of  them  according  to  the 
local  law. 

Becajcse  the  bill  vests  in  the  said  incorporated  church  an  authoritj'  to 
provide  for  the  support  of  the  poor  and  the  education  of  poor  children 
of  the  same,  an  authority  which,  being  altogether  superfluous  if  the  pro- 
vision is  to  be  the  result  of  pious  charit}^  would  be  a  precedent  for  giving 
to  religious  societies  as  such  a  legal  agency  in  carrying  into  effect  a  pub- 
lic and  civil  duty. 

JAMES  MADISON. 

February  28,  181 1. 
To  the  House  0/  Representatives  of  the  United  States: 

Having  examined  and  considered  the  bill  entitled  "An  act  for  the 
relief  of  Richard  Ter\'in,  William  Coleman,  Edwin  Lewis,  Samuel  Minis, 
Joseph  Wilson,  and  the  Baptist  Church  at  Salem  Meeting  House,  in  the 
Mississippi  Territory,"  I  now  return  the  same  to  the  House  of  Repre- 
sentatives, in  which  it  originated,  with  the  following  objection: 

Because  the  bill  in  reserving  a  certain  parcel  of  land  of  the  United 
States  for  the  use  of  said  Baptist  Church  comprises  a  principle  and  prec- 
edent for  the  appropriation  of  funds  of  the  United  States  for  the  use  and 
support  of  religious  societies,  contrar>'  to  the  article  of  the  Constitution 
which  declares  that  "Congress  shall  make  no  law  respecting  a  religious 
establishment. ' ' 

JAMES  MADISON. 


James  Madison  491 

PROCLAMATION. 

[From  the  National  Intelligencer,  July  25,  181 1.] 

By  thk  President  of  the  United  States  of  America, 
a  proclamation. 

Whereas  great  and  weighty  matters  claiming  the  consideration  of  the 
Congress  of  the  United  States  form  an  extraordinar>'  occasion  for  conven- 
ing them,  I  do  by  these  presents  appoint  Monday,  the  4th  day  of  Novem- 
ber next,  for  their  meeting  at  the  city  of  Washington,  hereby  requiring 
the  respective  Senators  and  Representatives  then  and  there  to  assemble 
in  Congress,  in  order  to  receive  such  communications  as  may  then  be 
made  to  them,  and  to  consult  and  determine  on  such  measures  as  in  their 
wisdom  may  be  deemed  meet  for  the  welfare  of  the  United  States. 

In  testimony  whereof  I  have  caused  the  seal  of  the  United  States  to  be 
hereunto  affixed,  and  signed  the  same  with  my  hand. 
P  -|         Done  at  the  city  of  Washington,  the  24th  day  of  July,  A.  D. 

181 1 ,  and  of  the  Independence  of  the  United  States  the  thirt)'- 
sixth. 

JAMES  MADISON. 
B3'  the  President: 

James  Monroe, 

Secretary  of  State. 


THIRD  ANNUAL  MESSAGE. 

Washington,  November  5,  1811. 
Fellow-Citizens  of  the  Senate  and  of  the  House  of  Representatives: 

In  calling  you  together  sooner  than  a  separation  from  your  homes 
would  otherwise  have  been  required  I  yielded  to  considerations  drawn 
from  the  posture  of  our  foreign  affairs,  and  in  fixing  the  present  for  the 
time  of  your  meeting  regard  was  had  to  the  probability  of  further  devel- 
opments of  the  policy  of  the  belligerent  powers  toward  this  country' 
which  might  the  more  unite  the  national  councils  in  the  measures  to  be 
pursued. 

At  the  close  of  the  last  session  of  Congress  it  was  hoped  that  the  suc- 
cessive confirmations  of  the  extinction  of  the  French  decrees,  so  far  as 
they  violated  our  neutral  commerce,  would  have  induced  the  Govern- 
ment of  Great  Britain  to  repeal  its  orders  in  council,  and  thereby  author- 
ize a  removal  of  the  existing  obstructions  to  her  commerce  with  the 
United  States. 

Instead  of  this  reasonable   step  toward   satisfaction   and   friendship 


492  Messages  and  Papers  of  the  Presidents 

between  the  two  nations,  the  orders  were,  at  a  moment  when  least  to 
have  been  expected,  put  into  more  rigorous  execution;  and  it  was 
communicated  through  the  British  envoy  just  arrived  that  whilst  the 
revocation  of  the  edicts  of  France,  as  officially  made  known  to  the  British 
Government,  was  denied  to  have  taken  place,  it  was  an  indispensable 
condition  of  the  repeal  of  the  British  orders  that  commerce  should  be 
restored  to  a  footing  that  would  admit  the  productions  and  manufactures 
of  Great  Britain,  when  owned  by  neutrals,  into  markets  shut  against  them 
by  her  enemy,  the  United  States  being  given  to  understand  that  in  the 
meantime  a  continuance  of  their  nonimportation  act  would  lead  to 
measures  of  retaliation. 

At  a  later  date  it  has  indeed  appeared  that  a  communication  to  the 
British  Government  of  fresh  evidence  of  the  repeal  of  the  French  decrees 
against  our  neutral  trade  was  followed  by  an  intimation  that  it  had  been 
transmitted  to  the  British  plenipotentiary  here  in  order  that  it  might  re- 
ceive full  consideration  in  the  depending  discussions.  This  communica- 
tion appears  not  to  have  been  received;  but  the  transmission  of  it  hither, 
instead  of  founding  on  it  an  actual  repeal  of  the  orders  or  assurances 
that  the  repeal  would  ensue,  will  not  permit  us  to  rel}-  on  any  effective 
change  in  the  British  cabinet.  To  be  ready  to  meet  with  cordiality  sat- 
isfactory proofs  of  such  a  change,  and  to  proceed  in  the  meantime  in 
adapting  our  measures  to  the  views  which  have  been  disclosed  through 
that  minister  will  best  consult  our  whole  duty. 

In  the  unfriendly  spirit  of  those  disclosures  indemnity  and  redress  for 
other  wrongs  have  continued  to  be  withheld,  and  our  coasts  and  the 
mouths  of  our  harbors  have  again  witnessed  scenes  not  less  derogatory 
to  the  dearest  of  our  national  rights  than  vexatious  to  the  regular  course 
of  our  trade. 

Among  the  occurrences  produced  by  the  conduct  of  British  ships  of 
war  hovering  on  our  coasts  was  an  encounter  between  one  of  them  and 
the  American  frigate  commanded  by  Captain  Rodgers,  rendered  unavoid- 
able on  the  part  of  the  latter  by  a  fire  commenced  without  cause  by  the 
former,  whose  commander  is  therefore  alone  chargeable  with  the  blood 
unfortunately  shed  in  maintaining  the  honor  of  the  American  flag.  The 
proceedings  of  a  court  of  inquiry  requested  by  Captain  Rodgers  are  com- 
municated, together  with  the  correspondence  relating  to  the  occurrence, 
between  the  Secretary  of  State  and  His  Britannic  Majesty's  envoy.  To 
these  are  added  the  several  correspondences  which  have  passed  on  the 
subject  of  the  British  orders  in  council,  and  to  both  the  correspondence 
relating  to  the  Floridas,  in  which  Congress  will  be  made  acquainted  with 
the  interposition  which  the  Government  of  Great  Britain  has  thought 
proper  to  make  against  the  proceeding  of  the  United  States. 

The  justice  and  fairness  which  have  been  evinced  on  the  part  of  the 
United  States  toward  France,  both  before  and  since  the  revocation  of  her 
decrees,  authorized  an  expectation  that  her  Government  would  have  fol- 


James  Madison  493 

lowed  up  that  measure  by  all  such  others  as  were  due  to  our  reasonable 
claims,  as  well  as  dictated  by  its  amicable  professions.  No  proof,  how- 
ever, is  yet  given  of  an  intention  to  repair  the  other  wrongs  done  to  the 
United  States,  and  particularly  to  restore  the  great  amount  of  American 
property  seized  and  condemned  under  edicts  which,  though  not  affecting 
our  neutral  relations,  and  therefore  not  entering  into  questions  between 
the  United  States  and  other  belligerents,  were  nevertheless  founded  in 
such  unjust  principles  that  the  reparation  ought  to  have  been  prompt  and 
ample. 

In  addition  to  this  and  other  demands  of  strict  right  on  that  nation, 
the  United  States  have  much  reason  to  be  dissatisfied  with  the  rigorous 
and  unexpected  restrictions  to  which  their  trade  with  the  French  domin- 
ions has  been  subjected,  and  which,  if  not  discontinued,  will  require  at 
least  corresponding  restrictions  on  importations  from  France  into  the 
United  States. 

On  all  those  subjects  our  minister  plenipotentiary  lately  sent  to  Paris 
has  carried  with  him  the  necessary  instructions,  the  result  of  which  will 
be  communicated  to  you,  and,  by  ascertaining  the  ulterior  policy  of  the 
French  Government  toward  the  United  States,  will  enable  you  to  adapt 
to  it  that  of  the  United  States  toward  France. 

Our  other  foreign  relations  remain  without  unfavorable  changes.  With 
Russia  they  are  on  the  best  footing  of  friendship.  The  ports  of  Sweden 
have  afforded  proofs  of  friendly  dispositions  toward  our  commerce  in  the 
councils  of  that  nation  also,  and  the  information  from  our  special  min- 
ister to  Denmark  shews  that  the  mission  had  been  attended  with  valuable 
effects  to  our  citizens,  whose  property  had  been  so  extensively  violated 
and  endangered  by  cruisers  under  the  Danish  flag. 

Under  the  ominous  indications  which  commanded  attention  it  became 
a  duty  to  exert  the  means  committed  to  the  executive  department  in 
providing  for  the  general  security.  The  works  of  defense  on  our  mari- 
time frontier  have  accordingly  been  prosecuted  with  an  activity  leaving 
little  to  be  added  for  the  completion  of  the  most  important  ones,  and,  as 
particularly  suited  for  cooperation  in  emergencies,  a  portion  of  the  gun- 
boats have  in  particular  harbors  been  ordered  into  use.  The  ships  of  war 
before  in  commission,  with  the  addition  of  a  frigate,  have  been  chiefly 
employed  as  a  cruising  guard  to  the  rights  of  our  coast,  and  such  a  dis- 
position has  been  made  of  our  land  forces  as  was  thought  to  promise  the 
services  most  appropriate  and  important.  In  this  disposition  is  included 
a  force  consisting  of  regulars  and  militia,  embodied  in  the  Indiana  Terri- 
tory and  marched  toward  our  northwestern  frontier.  This  measure  was 
made  requisite  by  several  murders  and  depredations  committed  by  Indians, 
but  more  especially  by  the  menacing  preparations  and  aspect  of  a  com- 
bination of  them  on  the  Wabash,  under  the  influence  and  direction  of  a 
fanatic  of  the  Shawanese  tribe.  With  these  exceptions  the  Indian  tribes 
retain  their  peaceable  dispositions  toward  us,  and  their  usual  pursuits. 


494  Messages  and  Papers  of  the  Presidents 

I  must  now  add  that  the  period  is  arrived  which  claims  from  the  leg- 
islative guardians  of  the  national  rights  a  system  of  more  ample  provi- 
sions for  maintaining  them.  Notwithstanding  the  scrupulous  justice, 
the  protracted  moderation,  and  the  multiplied  efforts  on  the  part  of  the 
United  States  to  substitute  for  the  accumulating  dangers  to  the  peace  of 
the  two  countries  all  the  mutual  advantages  of  reestablished  friendship 
and  confidence,  we  have  seen  that  the  British  cabinet  perseveres  not  only 
in  withholding  a  remedy  for  other  wrongs,  so  long  and  so  loudly  calling 
for  it,  but  in  the  execution,  brought  home  to  the  threshold  of  our  terri- 
tory, of  measures  which  under  existing  circumstances  have  the  character 
as  well  as  the  effect  of  war  on  our  lawful  commerce. 

With  this  evidence  of  hostile  inflexibility  in  trampling  on  rights  which 
no  independent  nation  can  relinquish.  Congress  will  feel  the  duty  of  put- 
ting the  United  States  into  an  armor  and  an  attitude  demanded  by  the 
crisis,  and  corresponding  with  the  national  spirit  and  expectations. 

I  recommend,  accordingly'',  that  adequate  provision  be  made  for  filling 
the  ranks  and  prolonging  the  enlistments  of  the  regular  troops;  for  an 
auxiliary  force  to  be  engaged  for  a  more  limited  term;  for  the  acceptance 
of  volunteer  corps,  whose  patriotic  ardor  may  court  a  participation  in 
urgent  services;  for  detachments  as  they  may  be  wanted  of  other  por- 
tions of  the  militia,  and  for  such  a  preparation  of  the  great  body  as  will 
proportion  its  usefulness  to  its  intrinsic  capacities.  Nor  can  the  occa- 
sion fail  to  remind  3'ou  of  the  importance  of  those  military  seminaries 
which  in  every  event  will  form  a  valuable  and  frugal  part  of  our  military 
establishment. 

The  manufacture  of  cannon  and  small  arms  has  proceeded  with  due 
success,  and  the  stock  and  resources  of  all  the  necessary  munitions  are 
adequate  to  emergencies.  It  will  not  be  inexpedient,  however,  for  Con- 
gress to  authorize  an  enlargement  of  them. 

Your  attention  will  of  course  be  drawn  to  such  provisions  on  the  sub- 
ject of  our  naval  force  as  may  be  required  for  the  ser\'ices  to  which  it 
may  be  best  adapted.  I  submit  to  Congress  the  seasonableness  also  of 
an  authority  to  augment  the  stock  of  such  materials  as  are  imperishable 
in  their  nature,  or  may  not  at  once  be  attainable. 

In  contemplating  the  scenes  which  distinguish  this  momentous  epoch, 
and  estimating  their  claims  to  our  attention,  it  is  impossible  to  overlook 
those  developing  themselves  among  the  great  communities  which  occupy 
the  southern  portion  of  our  own  hemisphere  and  extend  into  our  neigh- 
borhood. An  enlarged  philanthropy  and  an  enlightened  forecast  concur 
in  imposing  on  the  national  councils  an  obligation  to  take  a  deep  interest 
in  their  destinies,  to  cherish  reciprocal  sentiments  of  good  will,  to  regard 
the  progress  of  events,  and  not  to  be  unprepared  for  whatever  order  of 
things  may  be  ultimately  established. 

Under  another  aspect  of  our  situation  the  early  attention  of  Congress 
will  be  due  to  the  expediency  of  further  guards  against  evasions  and 


James  Madison  495 

infractions  of  our  commercial  laws.  The  practice  of  smuggling,  which 
is  odious  everywhere,  and  particularly  criminal  in  free  governments, 
where,  the  laws  being  made  by  all  for  the  good  of  all,  a  fraud  is  com- 
mitted on  every  individual  as  well  as  on  the  state,  attains  its  utmost  guilt 
when  it  blends  with  a  pursuit  of  ignominious  gain  a  treacherous  subserv- 
iency, in  the  transgressors,  to  a  foreign  policy  adverse  to  that  of  their  own 
country.  It  is  then  that  the  virtuous  indignation  of  the  public  should 
be  enabled  to  manifest  itself  through  the  regular  animadversions  of  the 
most  competent  laws. 

To  secure  greater  respect  to  our  mercantile  flag,  and  to  the  honest 
interests  which  it  covers,  it  is  expedient  also  that  it  be  made  punishable 
in  our  citizens  to  accept  licenses  from  foreign  governments  for  a  trade 
unlawfully  interdicted  by  them  to  other  American  citizens,  or  to  trade 
under  false  colors  or  papers  of  any  sort. 

A  prohibition  is  equally  called  for  against  the  acceptance  by  our 
citizens  of  special  licenses  to  be  used  in  a  trade  with  the  United  States, 
and  against  the  admission  into  particular  ports  of  the  United  States  of 
vessels  from  foreign  countries  authorized  to  trade  with  particular  ports 
only. 

Although  other  subjects  will  press  more  immediatelj'  on  your  delib- 
erations, a  portion  of  them  can  not  but  be  well  bestowed  on  the  ju.st 
and  sound  policy  of  securing  to  our  manufactures  the  success  they  have 
attained,  and  are  still  attaining,  in  some  degree,  under  the  impulse  of 
causes  not  permanent,  and  to  our  navigation,  the  fair  extent  of  which  is 
at  present  abridged  by  the  unequal  regulations  of  foreign  governments. 

Besides  the  reasonableness  of  saving  our  manufactures  from  sacrifices 
which  a  change  of  circumstances  might  bring  on  them,  the  national  inter- 
est requires  that,  with  respect  to  such  articles  at  least  as  belong  to  our 
defense  and  our  primary  wants,  we  should  not  be  left  in  unnecessary 
dependence  on  external  supplies.  And  whilst  foreign  governments  adhere 
to  the  existing  discriminations  in  their  ports  against  our  navigation,  and 
an  equality  or  lesser  discrimination  is  enjoyed  by  their  navigation  in  our 
ports,  the  effect  can  not  be  mistaken,  because  it  has  been  seriously  felt  by 
our  shipping  interests;  and  in  proportion  as  this  takes  place  the  advan- 
tages of  an  independent  conveyance  of  our  products  to  foreign  markets 
and  of  a  growing  body  of  mariners  trained  by  their  occupations  for  the 
servnce  of  their  country  in  times  of  danger  must  be  diminished. 

The  receipts  into  the  Treasury  during  the  year  ending  on  the  30th  of 
September  last  hav'e  exceeded  $13,500,000,  and  have  enabled  us  to  defray 
the  current  expenses,  including  the  interest  on  the  public  debt,  and  to 
reimburse  more  than  $5,000,000  of  the  principal  without  recurring  to 
the  loan  authorized  by  the  act  of  the  last  session.  The  temporar>'  loan 
obtained  in  the  latter  end  of  the  year  18 10  has  also  been  reimbursed,  and 
is  not  included  in  that  amount. 

The  decrease  of  revenue  arising  from  the  situation  of  our  commerce,  and 


496  Messages  and  Papers  of  the  Presidents 

the  extraordinary  expenses  which  have  and  may  become  necessar\%  must 
be  taken  into  view  in  making  commensurate  pro\-isions  for  the  ensuing 
year;  and  I  recommend  to  your  consideration  the  propriety  of  insuring 
a  sufficiency  of  annual  revenue  at  least  to  defray  the  ordinary  expenses 
of  Government,  and  to  pay  the  interest  on  the  public  debt,  including  that 
on  new  loans  which  may  be  authorized. 

I  can  not  close  this  communication  without  expressing  my  deep  sense 
of  the  crisis  in  which  you  are  assembled,  my  confidence  in  a  wise  and 
honorable  result  to  your  deliberations,  and  assurances  of  the  faithful  zeal 
with  which  my  cooperating  duties  will  be  discharged,  invoking  at  the 
same  time  the  blessing  of  Heaven  on  our  beloved  countr>'  and  on  all  the 
means  that  may  be  employed  in  vindicating  its  rights  and  advancing  its 
welfare. 

JAMES  MADISON. 


SPECIAL  MESSAGES. 

Washington,  November  ij,  181 1. 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

I  communicate  to  Congress  copies  of  a  correspondence  between  the 
envoy  extraordinary  and  minister  plenipotentiary  of  Great  Britain  and 
the  Secretary  of  State  relative  to  the  aggression  committed  by  a  British 
ship  of  war  on  the  United  States  frigate  Chesapeake,  by  which  it  will  be 
seen  that  that  subject  of  difference  between  the  two  countries  is  termi- 
nated by  an  offer  of  reparation,  which  has  been  acceded  to. 

JAMES  MADISON. 

Washington,  December  18,  18 11. 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

I  lay  before  Congress  two  letters  received  from  Governor  Harrison,  of 
the  Indiana  Territory,  reporting  the  particulars  and  the  issue  of  the  expe- 
dition under  his  command,  of  which  notice  was  taken  in  my  communica- 
tion of  November  5. 

While  it  is  deeply  lamented  that  so  many  valuable  lives  have  been  lost 
in  the  action  which  took  place  on  the  7th  ultimo,  Congress  will  see  with 
satisfaction  the  dauntless  spirit  and  fortitude  victoriously  displayed  by 
every  description  of  the  troops  engaged,  as  well  as  the  collected  firmness 
which  distinguished  their  commander  on  an  occasion  requiring  the  utmost 
exertions  of  valor  and  discipline. 

It  may  reasonably  be  expected  that  the  good  effects  of  this  critical 
defeat  and  dispersion  of  a  combination  of  savages,  which  appears  to  have 
been  spreading  to  a  greater  extent,  will  Ije  experienced  not  only  in  a  ces- 


James  Madison  497 

sation  of  the  murders  and  depredations  committed  on  our  frontier,  but  in 
the  prevention  of  any  hostile  incursions  otherwise  to  have  been  appre- 
hended. 

The  families  of  those  brave  and  patriotic  citizens  who  have  fallen  in 
this  severe  conflict  will  doubtless  engage  the  favorable  attention  of  Con- 

^^^-  JAMES  MADISON. 

Washington,  December  2j,  181 1. 
To  the  Senate  a?id  House  of  Representatives  of  the  United  States: 

I  communicate  to  Congress  copies  of  an  act  of  the  legislature  of  New 
York  relating  to  a  canal  from  the  Great  Lakes  to  Hudson  River.  In  mak- 
ing the  communication  I  consult  the  respect  due  to  that  State,  in  whose 
behalf  the  commissioners  appointed  by  the  act  have  placed  it  in  my  hands 
for  the  purpose. 

The  utility  of  canal  navigation  is  universally  admitted.  It  is  no  less 
certain  that  scarcely  any  country  offers  more  extensive  opportunities  for 
that  branch  of  improvements  than  the  United  States,  and  none,  perhaps, 
inducements  equally  persuasive  to  make  the  most  of  them.  The  particu- 
lar undertaking  contemplated  by  the  State  of  New  York,  which  marks 
an  honorable  spirit  of  enterprise  and  comprises  objects  of  national  as 
well  as  more  limited  importance,  will  recall  the  attention  of  Congress  to 
the  signal  advantages  to  be  derived  to  the  United  States  from  a  general 
system  of  internal  communication  and  conversance ,  and  suggest  to  their 
consideration  whatever  steps  may  be  proper  on  their  part  toward  its 
introduction  and  accomplishment.  As  some  of  those  advantages  have 
an  intimate  connection  with  the  arrangements  and  exertions  for  the  gen- 
eral security,  it  is  at  a  period  calling  for  those  that  the  merits  of  such  a 

system  will  be  seen  in  the  strongest  lights. 

JAMES  MADISON. 

Washington,  December  27,  1811. 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

I  lay  before  Congress  copies  of  resolutions  entered  into  by  the  legisla- 
ture of  Pennsylvania,  which  have  been  transmitted  to  me  with  that  view 
by  the  governor  of  that  State,  in  pursuance  of  one  of  the  said  resolutions. 

JAMES  MADISON. 

Washington, /a««arv  15,  1812. 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

I  transmit  to  Congress  an  account  of  the  contingent  expenses  of  the 
Government  for  the  year  181 1,  incurred  on  the  occasion  of  taking  pos- 
session of  the  territory  limited  eastwardly  by  the  river  Perdido,  and 
amounting  to  $3,396.  JAMES  MADISON. 

M  P— vol,  1—32 


498  Messages  and  Papers  of  the  Presidents 

^ASnuiGto^yJanuafy  16,  181 2. 
To  the  Senate  and  House  of  Represetitatives  of  the  United  States: 

I  communicate  to  Congress  a  letter  from  the  envoy  extraordinary  and 
minister  plenipotentiary  of  Great  Britain  to  the  Secretary  of  State,  with 
the  answer  of  the  latter. 

The  continued  evidence  afforded  in  this  correspondence  of  the  hostile 
policy  of  the  British  Government  against  our  national  rights  strengthens 
the  considerations  recommending  and  urging  the  preparation  of  adequate 
means  for  maintaining  them. 

JAMES  MADISON. 


March  3,  1812. 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

At  the  request  of  the  convention  assembled  in  the  Territory  of  Orleans 
on  the  2 2d  day  of  November  last,  I  transmit  to  Congress  the  proceedings 
of  that  body  in  pursuance  of  the  act  entitled  "An  act  to  enable  the  people 
of  the  Territory  of  Orleans  to  form  a  constitution  and  State  government, 
and  for  the  admission  of  the  said  State  into  the  Union  on  an  equal  foot- 
ing with  the  original  States,  and  for  other  purposes." 

JAMES  MADISON. 


March  9,  1812. 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

I  lay  before  Congress  copies  of  certain  documents  which  remain  in  the 
Department  of  State.  They  prove  that  at  a  recent  period,  whilst  the 
United  States,  notwithstanding  the  wrongs  sustained  by  them,  ceased 
not  to  observe  the  laws  of  peace  and  neutrality  toward  Great  Britain, 
and  in  the  midst  of  amicable  professions  and  negotiations  on  the  part  of 
the  British  Government,  through  its  public  minister  here,  a  secret  agent 
of  that  Government  was  employed  in  certain  States,  more  especially  at 
the  seat  of  government  in  Massachusetts,  in  fomenting  disaffection  to 
the  con.stituted  authorities  of  the  nation,  and  in  intrigues  with  the  dis- 
affected, for  the  purpose  of  bringing  about  resistance  to  the  laws,  and 
eventually,  in  concert  with  a  British  force,  of  destroying  the  Union  and 
forming  the  eastern  part  thereof  into  a  political  connection  with  Great 
Britain. 

In  addition  to  the  effect  which  the  discovery  of  such  a  procedure  ought 
to  have  on  the  public  councils,  it  will  not  fail  to  render  more  dear  to 
the  hearts  of  all  good  citizens  that  happy  union  of  these  States  which, 
under  Divine  Providence,  is  the  guaranty  of  their  liberties,  their  safety, 
their  tranquillity,  and  their  prosperity. 

JAMES  MADISON. 


James  Madison  499 

April  i,  1812, 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

Considering  it  as  expedient,  under  existing  circumstances  and  pros- 
pects, that  a  general  embargo  be  laid  on  all  vessels  now  in  port,  or  here- 
after arriving,  for  the  period  of  sixty  days,  I  recommend  the  immediate 
passage  of  a  law  to  that  effect. 

JAMES  MADISON. 

April  20,  1812. 
To  the  Senate  a7id  House  of  Representatives  of  the  United  States: 

Among  the  incidents  to  the  unexampled  increase  and  expanding  inter- 
ests of  the  American  nation  under  the  fostering  influence  of  free  consti- 
tutions and  just  laws  has  been  a  corresponding  accumulation  of  duties  in 
the  several  Departments  of  the  Government,  and  this  has  been  neces- 
sarily the  greater  in  consequence  of  the  peculiar  state  of  our  foreign  rela- 
tions and  the  connection  of  these  with  our  internal  administration. 

The  extensive  and  multiplied  preparations  into  which  the  United  States 
are  at  length  driven  for  maintaining  their  violated  rights  have  caused  this 
augmentation  of  business  to  press  on  the  Department  of  War  particularly, 
with  a  weight  disproportionate  to  the  powers  of  any  single  officer,  with 
no  other  aids  than  are  authorized  by  existing  laws.  With  a  view  to  a 
more  adequate  arrangement  for  the  essential  objects  of  that  Department, 
I  recommend  to  the  early  consideration  of  Congress  a  provision  for  two 
subordinate  appointments  therein,  with  such  compensations  annexed  as 
may  be  reasonably  expected  by  citizens  duly  qualified  for  the  important 
functions  which  may  be  properly  assigned  to  them. 

JAMES  MADISON. 

May  26,  18 12. 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

I  communicate  to  Congress,  for  their  information,  copies  and  extracts 
from  the  correspondence  of  the  Secretary  of  State  and  the  minister  plen- 
ipotentiary of  the  United  States  at  Paris.  These  documents  will  place 
before  Congress  the  actual  posture  of  our  relations  with  France. 

JAMES  MADISON. 

Washington,  yww<?  /,  1812. 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

I  communicate  to  Congress  certain  documents,  being  a  continuation  of 
those  heretofore  laid  before  them  on  the  subject  of  our  affairs  with  Great 
Britain. 

Without  going  back  beyond  the  renewal  in  1803  of  the  war  in  which 
Great  Britain  is  engaged,  and  omitting  unrepaired  wrongs  of  inferior 


500  Messages  and  Papers  of  the  Presidents 

magnitude,  the  conduct  of  her  Government  presents  a  series  of  acts  hos- 
tile to  the  United  States  as  an  independent  and  neutral  nation. 

British  cruisers  have  been  in  the  continued  practice  of  violating  the 
American  flag  on  the  great  highway  of  nations,  and  of  seizing  and  car- 
rying off  persons  sailing  under  it,  not  in  the  exercise  of  a  belligerent 
right  founded  on  the  law  of  nations  against  an  enemy,  but  of  a  municipal 
prerogative  over  British  subjects.  British  jurisdiction  is  thus  extended 
to  neutral  vessels  in  a  situation  where  no  laws  can  operate  but  the  law 
of  nations  and  the  laws  of  the  countr>'  to  which  the  vessels  belong,  and 
a  self-redress  is  assumed  which,  if  British  subjects  were  wrongfully 
detained  and  alone  concerned,  is  that  substitution  of  force  for  a  resort  to 
the  responsible  sovereign  which  falls  within  the  definition  of  war.  Could 
the  seizure  of  British  subjects  in  such  cases  be  regarded  as  within  the 
exercise  of  a  belligerent  right,  the  acknowledged  laws  of  war,  which  for- 
bid an  article  of  captured  property  to  be  adjudged  without  a  regular  inves- 
tigation before  a  competent  tribunal,  would  imperiously  demand  the  fair- 
est trial  where  the  sacred  rights  of  persons  were  at  issue.  In  place  of  such 
a  trial  these  rights  are  subjected  to  the  will  of  every  petty  commander. 

The  practice,  hence,  is  so  far  from  affecting  British  subjects  alone  that, 
under  the  pretext  of  searching  for  these,  thousands  of  American  citizens, 
under  the  safeguard  of  public  law  and  of  their  national  flag,  have  been 
torn  from  their  country  and  from  everything  dear  to  them;  have  been 
dragged  on  board  ships  of  war  of  a  foreign  nation  and  exposed,  under  the 
severities  of  their  discipline,  to  be  exiled  to  the  most  distant  and  deadly 
climes,  to  risk  their  lives  in  the  battles  of  their  oppressors,  and  to  be  the 
melancholy  instruments  of  taking  away  those  of  their  own  brethren. 

Against  this  crying  enormity,  which  Great  Britain  would  be  so  prompt 
to  avenge  if  committed  against  herself,  the  United  States  have  in  vain 
exhausted  remonstrances  and  expostulations,  and  that  no  proof  might  be 
wanting  of  their  conciliatory  dispositions,  and  no  pretext  left  for  a  con- 
tinuance of  the  practice,  the  British  Government  was  formally  assured  of 
the  readiness  of  the  United  States  to  enter  into  arrangements  such  as 
could  not  be  rejected  if  the  recovery  of  British  subjects  were  the  real  and 
the  sole  object.     The  communication  passed  without  effect. 

British  cruisers  have  been  in  the  practice  also  of  violating  the  rights 
and  the  peace  of  our  coasts.  They  hover  over  and  harass  our  entering  and 
departing  commerce.  To  the  most  insulting  pretensions  they  have  added 
the  most  lawless  proceedings  in  our  very  harbors,  and  have  wantonly  spilt 
American  blood  within  the  sanctuary  of  our  territorial  jurisdiction.  The 
principles  and  rules  enforced  by  that  nation,  when  a  neutral  nation,  against 
armed  vessels  of  belligerents  hovering  near  her  coasts  and  disturbing  her 
commerce  are  well  known.  When  called  on,  nevertheless,  by  the  United 
States  to  punish  the  greater  offenses  committed  by  her  own  vessels,  her 
Government  has  bestowed  on  their  commanders  additional  marks  of  honor 
and  confidence. 


James  Madison  501 

Under  pretended  blockades,  without  the  presence  of  an  adequate  force 
and  sometimes  without  the  practicability  of  applying  one,  our  commerce 
has  been  plundered  in  every  sea,  the  great  staples  of  our  country  have 
been  cut  off  from  their  legitimate  markets,  and  a  destructive  blow  aimed 
at  our  agricultural  and  maritime  interests.  In  aggravation  of  these  pred- 
ator}^ measures  they  have  been  considered  as  in  force  from  the  dates  of 
their  notification,  a  retrospective  effect  being  thus  added,  as  has  been 
done  in  other  important  cases,  to  the  unlawfulness  of  the  course  pursued. 
And  to  render  the  outrage  the  more  signal  these  mock  blockades  have 
been  reiterated  and  enforced  in  the  face  of  official  communications  from 
the  British  Government  declaring  as  the  true  definition  of  a  legal  block- 
ade ' '  that  particular  ports  must  be  actually  invested  and  previous  warn- 
ing given  to  vessels  bound  to  them  not  to  enter. ' ' 

Not  content  with  these  occasional  expedients  for  laying  w^ste  our  neu- 
tral trade,  the  cabinet  of  Britain  resorted  at  length  to  the  sweeping  system 
of  blockades,  under  the  name  of  orders  in  council,  which  has  been  molded 
and  managed  as  might  best  suit  its  political  views,  its  commercial  jeal- 
ousies, or  the  avidity  of  British  cruisers. 

To  our  remonstrances  against  the  complicated  and  transcendent  injus- 
tice of  this  innovation  the  first  reply  was  that  the  orders  were  reluctantly 
adopted  by  Great  Britain  as  a  necessar>'  retaliation  on  decrees  of  her 
enemy  proclaiming  a  general  blockade  of  the  British  Isles  at  a  time 
when  the  naval  force  of  that  enemy  dared  not  issue  from  his  own  ports. 
She  was  reminded  without  effect  that  her  own  prior  blockades,  unsup- 
ported by  an  adequate  naval  force  actually  applied  and  continued,  were 
a  bar  to  this  plea;  that  executed  edicts  against  millions  of  our  property 
could  not  be  retaliation  on  edicts  confessedly  impossible  to  be  executed; 
that  retaliation,  to  be  just,  should  fall  on  the  party  setting  the  guilty 
example,  not  on  an  innocent  party  which  was  not  even  chargeable  with 
an  acquiescence  in  it. 

When  deprived  of  this  flimsy  veil  for  a  prohibition  of  our  trade  with 
her  enemy  by  the  repeal  of  his  prohibition  of  our  trade  with  Great 
Britain,  her  cabinet,  instead  of  a  corresponding  repeal  or  a  practical  dis- 
continuance of  its  orders,  formally  avowed  a  determination  to  persist  in 
them  against  the  United  States  until  the  markets  of  her  enemy  should 
be  laid  open  to  BritivSh  products,  thus  asserting  an  obligation  on  a  neutral 
power  to  require  one  belligerent  to  encourage  by  its  internal  regulations 
the  trade  of  another  belligerent,  contradicting  her  own  practice  toward 
all  nations,  in  peace  as  well  as  in  war,  and  betraying  the  insincerity  of 
those  professions  which  inculcated  a  belief  that,  having  resorted  to  her 
orders  with  regret,  she  was  anxious  to  find  an  occasion  for  putting  an 
end  to  them. 

Abandoning  still  more  all  respect  for  the  neutral  rights  of  the  United 
States  and  for  its  own  consistency,  the  British  Government  now  demands 
as  prerequisites  to  a  repeal  of  its  orders  as  they  relate  to  the  United  States 


502  Messages  and  Papers  of  the  Presidents 

that  a  formality  should  be  observed  in  the  rejoeal  of  the  French  decrees 
nowise  necessary  to  their  termination  nor  exemplified  by  British  usage, 
and  that  the  French  repeal,  besides  including  that  portion  of  the  decrees 
which  operates  within  a  territorial  jurisdiction,  as  well  as  that  which 
operates  on  the  high  seas,  against  the  commerce  of  the  United  States 
should  not  be  a  single  and  special  repeal  in  relation  to  the  United  States, 
but  should  be  extended  to  whatever  other  neutral  nations  unconnected 
with  them  may  be  affected  by  those  decrees.  And  as  an  additional 
insult,  the}'  are  called  on  for  a  formal  disavowal  of  conditions  and  pre- 
tensions advanced  by  the  French  Government  for  which  the  United 
States  are  so  far  from  having  made  themselves  responsible  that,  in  ofl&cial 
explanations  which  have  been  published  to  the  world,  and  in  a  corre- 
spondence of  the  American  minister  at  London  with  the  British  minister 
for  foreign  affairs  such  a  responsibilit}-  was  explicitly  and  emphatically 
disclaimed. 

It  has  become,  indeed,  sufl&ciently  certain  that  the  commerce  of  the 
United  States  is  to  be  sacrificed,  not  as  interfering  with  the  belligerent 
rights  of  Great  Britain;  not  as  supplying  the  wants  of  her  enemies, 
which  she  herself  supplies;  but  as  interfering  with  the  monopoly  which 
she  covets  for  her  own  commerce  and  navigation.  She  carries  on  a  war 
against  the  lawful  commerce  of  a  friend  that  she  may  the  better  earn'  on 
a  commerce  with  an  enemy — a  commerce  polluted  by  the  forgeries  and 
perjuries  which  are  for  the  most  part  the  only  passports  by  which  it  can 
succeed. 

Anxious  to  make  every  experiment  short  of  the  last  resort  of  injured 
nations,  the  United  States  have  withheld  from  Great  Britain,  under  suc- 
cessive modifications,  the  benefits  of  a  free  intercourse  with  their  market, 
the  loss  of  which  could  not  but  outweigh  the  profits  accruing  from  her 
restrictions  of  our  commerce  with  other  nations.  And  to  entitle  these 
experiments  to  the  more  favorable  consideration  they  were  so  framed 
as  to  enable  her  to  place  her  adversary  under  the  exclusive  operation  of 
them.  To  these  appeals  her  Government  has  been  equally  inflexible,  as 
if  willing  to  make  sacrifices  of  ever>'  sort  rather  than  yield  to  the  claims 
of  justice  or  renounce  the  errors  of  a  false  pride.  Nay,  so  far  were  the 
attempts  carried  to  overcome  the  attachment  of  the  British  cabinet  to 
its  unjust  edicts  that  it  received  ever>'  encouragement  within  the  compe- 
tency of  the  executive  branch  of  our  Government  to  expect  that  a  repeal 
of  them  would  be  followed  by  a  war  between  the  United  States  and 
France,  unless  the  French  edicts  should  also  be  repealed.  Even  this 
communication,  although  silencing  forever  the  plea  of  a  disposition  in 
the  United  States  to  acquiesce  in  those  edicts  originally  the  sole  plea 
for  them,  received  no  attention. 

If  no  other  proof  existed  of  a  predetermination  of  the  British  Govern- 
ment against  a  repeal  of  its  orders,  it  might  be  found  in  the  correspond- 
ence of  the  minister  plenipotentiary  of  the  United  States  at  London  and 


James  Madison  503 

the  British  secretary  for  foreign  affairs  in  1810,  on  the  question  whether 
the  blockade  of  May,  1806,  was  considered  as  in  force  or  as  not  in  force. 
It  had  been  ascertained  that  the  French  Government,  which  urged  this 
blockade  as  the  ground  of  its  Berlin  decree,  was  willing  in  the  event  of 
its  removal  to  repeal  that  decree,  which,  being  followed  by  alternate 
repeals  of  the  other  offensive  edicts,  might  abolish  the  whole  system  on 
both  sides.  This  inviting  opportunity  for  accomplishing  an  object  so 
important  to  the  United  States,  and  professed  so  often  to  be  the  desire 
of  both  the  belligerents,  was  made  known  to  the  British  Government. 
As  that  Government  admits  that  an  actual  application  of  an  adequate 
force  is  necessary  to  the  existence  of  a  legal  blockade,  and  it  was  notori- 
ous that  if  such  a  force  had  ever  been  applied  its  long  discontinuance  had 
annulled  the  blockade  in  question,  there  could  be  no  sufl&cient  objection 
on  the  part  of  Great  Britain  to  a  formal  revocation  of  it,  and  no  imagi- 
nable objection  to  a  declaration  of  the  fact  that  the  blockade  did  not  exist. 
The  declaration  would  have  been  consistent  with  her  avowed  principles 
of  blockade,  and  would  have  enabled  the  United  States  to  demand  from 
France  the  pledged  repeal  of  her  decrees,  either  with  success,  in  which 
case  the  way  would  have  been  opened  for  a  general  repeal  of  the  belliger- 
ent edicts,  or  without  success,  in  which  case  the  United  States  would  have 
been  justified  in  turning  their  measures  exclusively  against  France.  The 
British  Government  would,  however,  neither  rescind  the  blockade  nor  de- 
clare its  nonexistence,  nor  permit  its  nonexistence  to  be  inferred  and 
affirmed  by  the  American  plenipotentiary.  On  the  contrary,  by  represent- 
ing the  blockade  to  be  comprehended  in  the  orders  in  council,  the  United 
States  were  compelled  so  to  regard  it  in  their  subsequent  proceedings. 

There  was  a  period  when  a  favorable  change  in  the  policy  of  the  British 
cabinet  was  justly  considered  as  established.  The  minister  plenipoten- 
tiary of  His  Britannic  Majesty  here  proposed  an  adjustment  of  the  dif- 
ferences more  immediately  endangering  the  harmony  of  the  two  countries. 
The  proposition  was  accepted  with  the  promptitude  and  cordiality  corre- 
sponding with  the  invariable  professions  of  this  Government.  A  foun- 
dation appeared  to  be  laid  for  a  sincere  and  lasting  reconciliation.  The 
prospect,  however,  quickly  vanished.  The  whole  proceeding  was  dis- 
avowed by  the  British  Government  without  any  explanations  which 
could  at  that  time  repress  the  belief  that  the  disavowal  proceeded  from 
a  spirit  of  hostility  to  the  commercial  rights  and  prosperity  of  the  United 
States;  and  it  has  since  come  into  proof  that  at  the  very  moment  when 
the  public  minister  was  holding  the  language  of  friendship  and  inspiring 
confidence  in  the  sincerity  of  the  negotiation  with  which  he  was  charged 
a  secret  agent  of  his  Government  was  employed  in  intrigues  having  for 
their  object  a  subversion  of  our  Government  and  a  dismemberment  of 
our  happy  union. 

In  reviewing  the  conduct  of  Great  Britain  toward  the  United  States 
our  attention  is  necessarily  drawn  to  the  warfare  just  renewed  by  the 


504  Messages  and  Papers  of  the  Presidents 

savages  on  one  of  our  extensive  frontiers — a  warfare  which  is  known  to 
spare  neither  age  nor  sex  and  to  be  distinguished  by  features  pecuHarly 
shocking  to  humanity.  It  is  difficult  to  account  for  the  activity  and 
combinations  which  have  for  some  time  been  developing  themselves 
among  tribes  in  constant  intercourse  with  British  traders  and  garrisons 
without  connecting  their  hostility  with  that  influence  and  without  recol- 
lecting the  authenticated  examples  of  such  interpositions  heretofore  fur- 
nished by  the  officers  and  agents  of  that  Government. 

Such  is  the  spectacle  of  injuries  and  indignities  which  have  been 
heaped  on  our  country,  and  such  the  crisis  which  its  unexampled  for- 
bearance and  conciliator>'  efforts  have  not  been  able  to  avert.  It  might 
at  least  have  been  expected  that  an  enlightened  nation,  if  less  urged  by 
moral  obligations  or  invited  by  friendly  dispositions  on  the  part  of  the 
United  States,  would  have  found  in  its  true  interest  alone  a  sufficient 
motive  to  respect  their  rights  and  their  tranquillity  on  the  high  seas; 
that  an  enlarged  policy  would  have  favored  that  free  and  general  circu- 
lation of  commerce  in  which  the  British  nation  is  at  all  times  interested, 
and  which  in  times  of  war  is  the  best  alleviation  of  its  calamities  to  her- 
self as  well  as  to  other  belligerents;  and  more  especially  that  the  British 
cabinet  would  not,  for  the  sake  of  a  precarious  and  surreptitious  inter- 
course with  hostile  markets,  have  persevered  in  a  course  of  measures  which 
necessarily  put  at  hazard  the  invaluable  market  of  a  great  and  growing 
country,  disposed  to  cultivate  the  mutual  advantagesof  an  active  commerce. 

Other  counsels  have  prevailed.  Our  moderation  and  conciliation  have 
had  no  other  effect  than  to  encourage  perseverance  and  to  enlarge  pre- 
tensions. We  behold  our  vseafaring  citizens  still  the  daily  victims  of 
lawless  violence,  committed  on  the  great  common  and  highway  of  nations, 
even  within  sight  of  the  country  which  owes  them  protection.  We  be- 
hold our  vessels,  freighted  with  the  products  of  our  soil  and  industry, 
or  returning  with  the  honest  proceeds  of  them,  wrested  from  their  lawful 
destinations,  confiscated  by  prize  courts  no  longer  the  organs  of  public 
law  but  the  instruments  of  arbitrary  edicts,  and  their  unfortunate  crews 
dispersed  and  lost,  or  forced  or  inveigled  in  British  ports  into  British 
fleets,  whilst  arguments  are  employed  in  support  of  these  aggressions 
which  have  no  foundation  but  in  a  principle  equally  supporting  a  claim 
to  regulate  our  external  conmierce  in  all  cases  whatsoever. 

We  behold,  in  fine,  on  the  side  of  Great  Britain  a  state  of  war  against 
the  United  States,  and  on  the  side  of  the  United  States  a  state  of  peace 
toward  Great  Britain. 

Whether  the  United  States  shall  continue  passive  under  these  progres- 
sive usurpations  and  these  accumulating  wrongs,  or,  opposing  force  to 
force  in  defense  of  their  national  rights,  shall  commit  a  just  cause  into 
the  hands  of  the  Almighty  Disposer  of  Events,  avoiding  all  connections 
which  might  entangle  it  in  the  contest  or  views  of  other  powers,  and 
preserving  a  constant  readiness  to  concur  in  an  honorable  reestablishment 


James  Madison  505 

of  peace  and  friendshi]),  is  a  solemn  question  which  the  Constitution 
wisely  confides  to  the  legislative  department  of  the  Government.  In 
recommending  it  to  their  early  deliberations  I  am  happy  in  the  assur- 
ance that  the  deci.sion  will  be  worthy  the  enlightened  and  patriotic  coun- 
cils of  a  virtuous,  a  free,  and  a  powerful  nation. 

Having  presented  this  view  of  the  relations  of  the  United  States  with 
Great  Britain  and  of  the  solemn  alternative  growing  out  of  them,  I  pro- 
ceed to  remark  that  the  communications  last  made  to  Congress  on  the 
subject  of  our  relations  with  France  will  have  shewn  that  since  the  revo- 
cation of  her  decrees,  as  they  violated  the  neutral  rights  of  the  United 
States,  her  Government  has  authorized  illegal  captures  by  its  privateers 
and  public  ships,  and  that  other  outrages  have  been  practiced  on  our 
vessels  and  our  citizens.  It  will  have  been  seen  also  that  no  indemnity 
had  been  provided  or  satisfactorily  pledged  for  the  extensive  spoliations 
committed  under  the  violent  and  retrospective  orders  of  the  French  Gov- 
ernment against  the  property  of  our  citizens  seized  within  the  jurisdiction 
of  France.  I  abstain  at  this  time  from  recommending  to  the  consider- 
ation of  Congress  definitive  measures  with  respect  to  that  nation,  in  the 
expectation  that  the  result  of  unclosed  discussions  between  our  minister 
plenipotentiary  at  Paris  and  the  French  Government  will  speedily  enable 
Congress  to  decide  with  greater  advantage  on  the  course  due  to  the 
rights,  the  interests,  and  the  honor  of  our  country. 

JAMES  MADISON. 

June  30,  1812. 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

With  a  view  the  better  to  adapt  to  the  public  ser\dce  the  volunteer  force 
contemplated  by  the  act  passed  on  the  6th  day  of  F'ebruary,  I  recom- 
mend to  the  consideration  of  Congress  the  expediency  of  making  the 
requisite  provision  for  the  officers  thereof  being  commissioned  by  the 
authority  of  the  United  States. 

Considering  the  distribution  of  the  military  forces  of  the  United  States 
required  by  the  circumstances  of  our  country,  I  recommend  also  to  the 
consideration  of  Congress  the  expediency  of  providing  for  the  appoint- 
ment of  an  additional  number  of  general  officers,  and  of  deputies  in  the 
Adjutant's,  Quartermaster's,  Inspector's,  and  Paymaster's  departments  of 
the  Army,  and  for  the  employment  in  cases  of  emergency  of  additional 
engineers.  JAMES  MADISON. 

July  i,  1812. 
To  the  House  of  Representatives  of  the  United  States: 

In  compliance  with  the  resolution  of  the  House  of  Representatives  of 
the  26th  of  June,  I  transmit  the  information  contained  in  the  documents 
herewith  inclosed.  JAMES  MADISON. 


5o6  Messages  and  Papers  of  the  Presidents 

From  the  Secretary  of  State  to  General  George  Matthews  and  Colonel  John  M'Kee. 

Department  of  State,  January  26,  iSii. 

The  President  of  the  United  States  having  appointed  you  jointly  and  severally 
commissioners  for  carrying  into  effect  certain  provisions  of  an  act  of  Congress  (a 
copy  of  which  is  inclosed)  relative  to  the  portion  of  the  Floridas  situated  to  the  east 
of  the  river  Perdido,  3'ou  will  repair  to  that  quarter  witli  all  possible  expedition, 
concealing  from  general  observation  the  trust  committed  to  you  with  that  discretion 
which  the  delicacy  and  importance  of  the  undertaking  require. 

Should  you  find  Governor  Folk  or  the  local  authority  existing  there  inclined  to 
surrender  in  an  amicable  manner  the  possession  of  the  remaining  portion  or  portions 
of  West  Florida  now  held  by  him  in  the  name  of  the  Spanish  Monarchy,  you  are  to 
accept  in  behalf  of  the  United  States  the  abdication  of  his  or  of  the  other  existing 
authority  and  the  jurisdiction  of  the  country-  over  which  it  extends.  And  should  a 
stipulation  be  insisted  on  for  the  redelivery  of  the  country  at  a  future  period,  you 
maj'  engage  for  such  redelivery  to  the  lawful  sovereign. 

The  debts  clearly  due  from  the  Spanish  Government  to  the  people  of  the  Territory 
surrendered  may,  if  insisted  on,  be  assumed  within  reasonable  limits  and  under  speci- 
fied descriptions  to  be  settled  hereafter  as  a  claim  against  Spain  in  an  adjustment  of 
our  affairs  with  her.  You  may  also  guarantee,  in  the  name  of  the  United  States,  the 
confirmation  of  all  such  titles  to  land  as  are  clearly  sanctioned  by  Spanish  laws,  and 
Spanish  civil  functionaries,  where  no  special  reasons  maj'  require  changes,  are  to  be 
permitted  to  remain  in  office  with  the  assurance  of  a  continuation  of  the  prevailing 
laws,  with  such  alterations  only  as  may  be  necessarily  required  in  the  new  situation 
of  the  countrj'. 

If  it  should  be  required  and  be  found  necessarj',  you  may  agree  to  advance,  as 
above,  a  reasonable  sum  for  the  transportation  of  the  Spanish  troops. 

These  directions  are  adapted  to  one  of  the  contingencies  specified  in  the  act  of 
Congress,  namely,  the  amicable  surrender  of  the  possession  of  the  Territory  by  the 
local  ruling  authority.  But  should  the  arrangement  contemplated  by  the  statute  not 
be  made,  and  should  there  be  room  to  entertain  a  suspicion  of  an  existing  design  in 
any  foreign  power  to  occupy  the  countrj-  in  question,  you  are  to  keep  yourselves  on 
the  alert,  and  on  the  first  undoubted  manifestation  of  the  approach  of  a  force  for  that 
purpose  you  will  exercise  with  promptness  and  vigor  the  powers  with  which  you  are 
invested  by  the  President  to  preoccupy  by  force  the  Territory-,  to  the  entire  exclusion 
of  any  armament  that  may  be  advancing  to  take  the  possession  of  it.  In  this  event 
you  will  exercise  a  sound  discretion  in  appljing  the  powers  given  with  respect  to 
debts,  titles  to  lands,  civil  officers,  and  the  continuation  of  the  Spanish  laws,  taking 
care  to  commit  the  Government  on  no  point  further  than  may  be  necessarj';  and 
should  any  Spanish  military  force  remain  within  the  country  after  the  occupancy 
by  the  troops  of  the  United  States,  you  may  in  such  case  aid  in  their  removal  from 
the  same. 

The  universal  toleration  which  the  laws  of  the  United  States  assure  to  every  reli- 
gious persuasion  will  not  escape  you  as  an  argument  for  quieting  the  minds  of  unin- 
formed individuals  who  may  entertain  fears  on  that  head. 

The  conduct  you  are  to  pursue  in  regard  to  East  Florida  must  be  regulated  by  the 
dictates  of  your  own  judgments,  on  a  close  view  and  accurate  knowledge  of  the 
precise  state  of  things  there,  and  of  the  real  disposition  of  the  Spanish  Government 
always  recurring  to  the  present  instruction  as  the  paramount  rule  of  your  pro- 
ceedings. Should  you  discover  an  inclination  in  the  governor  of  East  Florida,  or 
in  the  existing  local  authority,  amicably  to  surrender  that  province  into  the  posses- 
sion of  the  United  States,  you  are  to  accept  it  on  the  same  terms  that  are  prescribed 
by  these  instructions  in  relation  to  West  Florida.     And  in  case  of  the  actual  appear- 


James  Madison  507 

aiice  of  any  .ittempt  to  take  possession  by  a  foreign  power,  you  will  pursue  the  same 
effective  measures  for  the  occupation  of  the  Territory  and  for  the  exclusion  of  the 
foreign  force  as  you  are  directed  to  pursue  with  respect  to  the  country  east  of  the 
Perdido,  forming  at  this  time  the  extent  of  Governor  Folk's  jurisdiction. 

If  you  should,  under  these  instructions,  obtain  possession  of  Mobile,  you  will  lose 
no  time  in  informing  Governor  Claiborne  thereof,  with  a  request  that  he  will  with- 
out delay  take  the  necessary  steps  for  the  occupation  of  the  same. 

All  ordnance  and  military  stores  that  may  be  found  in  the  Territory  must  be  held 
as  the  property  of  the  Spanish  Government,  to  be  accounted  for  hereafter  to  the 
proper  authority,  and  you  will  not  fail  to  transmit  an  inventory  thereof  to  this  De- 
partment. 

If  in  the  execution  of  any  part  of  these  instructions  you  should  need  the  aid  of  a 
military  force,  the  same  will  be  afforded  you  upon  your  application  to  the  command- 
ing officer  of  the  troops  of  the  United  States  on  that  station,  or  to  the  commanding 
officer  of  the  nearest  post,  in  virtue  of  orders  which  have  been  issued  from  the  War 
Department.  And  in  case  you  should,  moreover,  need  naval  assistance,  you  will 
receive  the  same  upon  your  application  to  the  naval  commander  in  pursuance  of 
orders  from  the  Navy  Department. 

From  the  Treasury  Department  will  be  issued  the  necessary  instructions  in  rela- 
tion to  imposts  and  duties,  and  to  the  slave  ships  whose  arrival  is  apprehended. 

The  President,  relying  upon  your  discretion,  authorizes  you  to  draw  upon  the 
collectors  of  Orleans  and  Savannah  for  such  sums  as  may  be  necessary  to  defray 
unavoidable  expenses  that  may  be  incurred  in  the  execution  of  these  instructions, 
not  exceeding  in  your  drafts  on  New  Orleans  |8,ooo  and  in  your  drafts  on  Savannah 
|2,ooo,  without  further  authority,  of  which  expenses  you  will  hereafter  exhibit  a 
detailed  account  duly  supported  by  satisfactory  vouchers. 

Postscript. — If  Governor  Folk  should  unexpectedly  require  and  pertinaciously 
insist  that  the  stipulation  for  the  redelivery  of  the  Territory  should  also  include 
that  portion  of  the  country  which  is  situated  west  of  the  river  Perdido,  you  are,  in 
yielding  to  such  demand,  only  to  use  general  words  that  may  by  implication  com- 
prehend that  portion  of  country;  but  at  the  same  time  you  are  expressly  to  provide 
that  such  stipulation  shall  not  in  any  way  impair  or  affect  the  right  or  title  of  the 
United  States  to  the  same. 


The  Secretary  of  State  to  General  Matthezvs. 

Department  of  State,  April  4, 1S12. 
General  Matthews,  etc. 

Sir:  I  have  had  the  honor  to  receive  your  letter  of  the  14th  of  March,  and  have 
now  to  communicate  to  you  the  sentiments  of  the  President  on  the  very  interesting 
subject  to  which  it  relates. 

I  am  sorry  to  have  to  state  that  the  measures  which  you  appear  to  have  adopted 
for  obtaining  possession  of  Amelia  Island  and  other  parts  of  East  Florida  are  not 
authorized  by  the  law  of  the  United  States  or  the  instructions  founded  on  it  under 
which  you  have  acted. 

You  were  authorized  by  the  law,  a  copy  of  which  was  communicated  to  you,  and 
by  your  instructions,  which  are  strictly  conformable  to  it,  to  take  possession  of  East 
Florida  only  in  case  one  of  the  following  contingencies  should  happen:  Either  that 
the  governor  or  other  existing  local  authority  should  be  disposed  to  place  it  amicably 
in  the  hands  of  the  United  States,  or  that  an  attempt  should  be  made  to  take  posses- 
sion of  it  by  a  foreign  power.  Should  the  first  contingency  happen  it  would  follow 
that  the  arrangement,  being  amicable,  would  require  no  force  on  the  part  of  the 
United  States  to  carry  it  into  effect.     It  was  only  in  case  of  an  attempt  to  take  it  by  a 


5o8  Messages  and  Papers  of  the  Presidents 

foreign  power  that  force  could  Ije  necessar\',  in  which  event  only  were  j-ou  author- 
ized to  avail  yourself  of  it. 

In  neither  of  these  contingencies  was  it  the  policy  of  the  law  or  purpose  of  the 
Executive  to  wrest  the  Province  forcibly  from  Spain,  but  onlj-  to  occupy  it  with  a 
\'iew  to  prevent  its  falling  into  the  hands  of  any  foreign  power,  and  to  hold  that 
pledge  under  the  existing  peculiarity  of  the  circumstances  of  the  Spanish  Monarchy 
for  a  just  result  in  an  amicable  negotiation  with  Spain. 

Had  the  United  States  been  disposed  to  proceed  otherwise,  that  intention  would 
have  been  manifested  by  a  change  of  the  law  and  suitable  measures  to  carry  it  into 
effect;  and  as  it  was  in  their  power  to  take  possession  whenever  they  might  think 
that  circumstances  authorized  and  required  it,  it  would  be  the  more  to  be  regretted 
if  possession  should  be  effected  by  any  means  irregular  in  themselves  and  subjecting 
the  Government  of  the  United  States  to  unmerited  censure. 

The  views  of  the  Executive  respecting  East  Florida  are  further  illustrated  by  your 
instructions  as  to  West  Florida.  Although  the  United  States  have  thought  that  they 
had  a  good  title  to  the  latter  Province,  they  did  not  take  possession  until  after  the 
Spanish  autliority  had  been  subverted  by  a  revolutionary-  proceeding,  and  the  contin- 
gency of  the  country  being  thrown  into  foreign  hands  had  forced  itself  into  view. 
Nor  did  they  then,  nor  have  they  since,  dispossessed  the  Spanish  troops  of  the  post 
which  they  occupied.  If  they  did  not  think  proper  to  take  possession  by  force  of  a 
province  to  which  they  thought  they  were  justly  entitled,  it  could  not  be  presumed 
that  they  should  intend  to  act  differently  in  respect  to  one  to  which  they  had  not 
such  a  claim. 

I  may  add  that  although  due  sensibility  has  been  always  felt  for  the  injuries  which 
were  received  from  the  Spanish  Government  in  the  last  war,  the  present  situation  of 
Spain  has  been  a  motive  for  a  moderate  and  pacific  policj'  toward  her. 

In  communicating  to  you  these  sentiments  of  the  Executive  on  the  measures  you 
have  lately  adopted  for  taking  possession  of  East  Florida,  I  add  with  pleasure  that 
the  utmost  confidence  is  reposed  in  your  integrity  and  zeal  to  promote  the  welfare  of 
your  country-.  To  that  zeal  the  error  into  which  you  have  fallen  is  imputed.  But 
in  consideration  of  the  part  which  you  have  taken,  which  differs  so  essentially  from 
that  contemplated  and  authorized  by  the  Government,  and  contradicts  so  entirely  the 
principles  on  which  it  has  uniformly  and  sincerely  acted,  you  will  be  sensible  of  the 
necessity  of  discontinuing  the  service  in  which  you  have  been  employed. 

You  will  tlierefore  consider  your  powers  as  revoked  on  the  receipt  of  this  letter. 
The  new  duties  to  be  performed  will  be  transferred  to  the  governor  of  Georgia,  to 
whom  instructions  will  be  given  on  all  the  circumstances  to  which  it  may  l)e  proper 
at  the  present  juncture  to  call  his  attention. 

I  have  the  honor  to  be,  very  respectfully,  sir,  your  obedient  servant, 

JAMES  MONROE. 

The  Secretary  of  State  to  His  Excellency  D.  B.  Mitchell,  the  governor  of  Georgia. 

Department  of  State,  April  lo,  1812. 
Sir  :  The  President  is  desirous  of  availing  the  public  of  your  services  in  a  concern 
of  much  delicacy  and  of  high  importance  to  the  United  States.  Circumstances  with 
which  you  are  in  some  degree  acquainted,  but  which  will  be  fully  explained  by  the 
inclosed  papers,  have  made  it  necessary  to  revoke  the  powers  heretofore  committed 
to  General  Matthews  and  to  commit  them  to  you.  The  President  is  persuaded  that 
you  will  not  hesitate  to  undertake  a  trust  so  important  to  the  nation,  and  peculiarly 
to  the  State  of  Georgia.  He  is  the  more  confident  in  this  belief  from  the  consider- 
ation that  these  new  duties  may  be  discharged  without  interfering,  as  he  presumes, 
with  those  of  the  station  which  you  now  hold. 


Jatnes  Madison  509 

By  the  act  of  the  15th  of  Januarj',  181 1,  you  will  observe  that  it  was  not  contem- 
plated to  take  possession  of  East  Florida  or  any  part  thereof,  unless  it  should  be 
surrendered  to  the  United  States  amicably  by  the  governor  or  other  local  authority  of 
the  Province,  or  against  an  attempt  to  take  possession  of  it  by  a  foreign  power,  and 
you  will  also  see  that  General  Matthews's  instructions,  of  which  a  copy  is  likewise 
inclosed,  correspond  fully  with  the  law. 

By  the  documents  in  possession  of  the  Government  it  appears  that  neither  of  these 
contingencies  have  happened;  that  instead  of  an  amicable  surrender  by  the  governor 
or  other  local  authority  the  troops  of  the  United  States  have  been  used  to  dispossess 
the  Spanish  authority  by  force.  I  forbear  to  dwell  on  the  details  of  this  transaction 
l)ecause  it  is  painful  to  recite  them.  By  the  letter  to  General  Matthews  which  is 
inclosed,  open  for  yoiu-  perusal,  you  will  fully  comprehend  the  views  of  the  Govern- 
ment respecting  the  late  transaction,  and  by  the  law,  the  former  instructions  to  the 
General,  and  the  late  letter  now  forwarded  you  will  be  made  acquainted  with  the 
course  of  conduct  which  it  is  expected  of  you  to  piu-sue  in  futiu"e  in  discharging  the 
duties  heretofore  enjoined  on  him. 

It  is  the  desire  of  the  President  that  you  should  turn  your  attention  and  direct 
your  efforts  in  the  first  instance  to  the  restoration  of  that  state  of  things  in  the  Prov- 
ince which  existed  before  the  late  transactions.  The  Executive  considers  it  proper 
to  restore  back  to  the  Spanish  authorities  Amelia  Island  and  such  other  parts,  if  any, 
of  East  Florida  as  may  have  thus  been  taken  from  them.  With  this  view  it  will  be 
necessary  for  you  to  communicate  directly  with  the  governor  or  principal  officer  of 
Spain  in  that  Province,  and  to  act  in  harmony  with  him  in  the  attainment  of  it.  It  is 
presumed  that  the  arrangement  will  be  easily  and  amicably  made  between  you.  I 
inclose  you  an  order  from  the  Secretary  of  War  to  the  commander  of  the  troops  of 
the  United  States  to  evacuate  the  country  when  requested  so  to  do  by  you,  and  to 
pay  the  same  respect  in  future  to  your  order  in  fulfilling  the  duties  enjoined  by  the 
law  that  he  had  been  instructed  to  do  to  that  of  General  Matthews. 

In  restoring  to  the  Spanish  authorities  Amelia  Island  and  such  other  parts  of  East 
Florida  as  may  have  been  taken  possession  of  in  the  name  of  the  United  States  there 
is  another  object  to  which  your  particular  attention  will  be  due.  In  the  measures 
lately  adopted  by  General  Matthews  to  take  possession  of  that  Territory'  it  is  probable 
that  much  reliance  has  been  placed  by  the  people  who  acted  in  it  on  the  countenance 
and  support  of  the  United  States.  It  will  be  improper  to  expose  these  people  to  the 
resentment  of  the  Spanish  authorities.  It  is  not  to  be  presumed  that  those  authorities 
in  regaining  possession  of  the  Territory  in  this  amicable  mode  from  the  United  States 
will  be  disposed  to  indulge  any  such  feeling  toward  them.  You  will,  however,  come 
to  a  full  understanding  with  the  Spanish  governor  on  this  subject,  and  not  fail  to 
obtain  from  him  the  most  explicit  and  satisfactory  assurance  respecting  it.  Of  this 
assurance  you  will  duly  apprise  the  parties  interested,  and  of  the  confidence  which 
5'ou  repose  in  it.  It  is  hoped  that  on  this  delicate  and  very  interesting  point  the 
Spanish  governor  will  avail  himself  of  the  opportunity  it  presents  to  evince  the 
friendly  disposition  of  his  Government  toward  the  United  States. 

There  is  one  other  remaining  circumstance  only  to  which  I  wish  to  call  your  atten- 
tion, and  that  relates  to  General  Matthews  himself.  His  gallant  and  meritorious 
services  in  our  Revolution  and  patriotic  conduct  since  have  always  been  held  in  high 
estimation  by  the  Government.  His  errors  in  this  instance  are  imputed  altogetlier 
to  his  zeal  to  promote  the  welfare  of  his  country;  but  they  are  of  a  nature  to  impose 
on  the  Government  the  necessity  of  the  measvu-es  now  taken,  in  giving  effect  to 
which  you  will  doubtless  feel  a  disposition  to  consult,  as  far  as  may  be,  his  personal 
sensibility. 

I  have  the  honor  to  be,  etc., 

JAMES  MONROE. 


5IO  Messages  and  Papers  of  the  Presidents 

p.  S. — Should  you  find  it  impracticable  to  execute  the  duties  designated  above  in 
person,  the  President  requests  that  you  will  be  so  good  as  to  employ  some  very 
respectable  character  to  represent  you  in  it,  to  whom  you  are  authorized  to  allow  a 
similar  compensation.  It  is  hoped,  however,  that  you  may  be  able  to  attend  to  it  in 
person,  for  reasons  which  I  need  not  enter  into.  The  expenses  to  which  you  may 
be  exposed  will  be  promptly  paid  to  your  draft  on  this  Department. 


The  Secretary  of  State  to  D.  B.  Mitchell,  esq.,  governor  of  Georgia. 

Department  of  State,  May  2j,  1S12. 

Sir:  I  have  had  the  honor  to  receive  your  letter  of  the  2d  instant  from  St.  Marys, 
where  j'ou  had  arrived  in  discharge  of  the  trust  reposed  in  you  by  the  President,  in 
relation  to  East  Florida. 

My  letter  by  Mr.  Isaacs  has,  I  presume,  substantially  answered  the  most  impor- 
tant of  the  queries  submitted  in  j-our  letter,  but  I  will  give  to  each  a  more  distinct 
answer. 

By  the  law  of  which  a  copy  was  fon\-arded  to  you  it  is  made  the  duty  of  the  Presi- 
dent to  prevent  the  occupation  of  East  Florida  by  any  foreign  power.  It  follows  that 
you  are  authorized  to  consider  the  entrance,  or  attempt  to  enter,  especially  under 
existing  circumstances,  of  British  troops  of  any  description  as  the  case  contemplated 
b}-  the  law,  and  to  use  the  proper  means  to  defeat  it. 

An  instruction  will  be  immediately  forwarded  to  the  commander  of  the  naval  force 
of  the  United  States  in  the  neighborhood  of  East  Florida  to  give  you  any  assistance, 
in  case  of  emergency,  which  you  may  think  necessary  and  require. 

It  is  not  expected,  if  you  find  it  proper  to  withdraw  the  troops,  that  you  should 
interfere  to  compel  the  patriots  to  surrender  the  country  or  any  part  of  it  to  the 
Spanish  authorities.  The  United  States  are  responsible  for  their  own  conduct  only; 
not  for  that  of  the  inhabitants  of  East  Florida.  Indeed,  in  consequence  of  the 
compromitment  of  the  United  States  to  the  inhabitants,  you  have  been  already 
instructed  not  to  withdraw  the  troops,  unless  you  find  that  it  may  be  done  consist- 
ently with  their  safety,  and  to  report  to  the  Government  the  result  of  your  confer- 
ences with  the  Spanish  authorities,  with  your  opinion  of  their  views,  holding  in  the 
meantime  the  ground  occupied. 

In  the  present  state  of  our  affairs  with  Great  Britain  the  course  above  pointed  out 
is  tlie  more  justifiable  and  proper. 
I  have  the  honor,  etc, , 

JAMES  MONROE. 


JUI,Y  6,   18 1 2. 
To  the  Senate  of  the  United  States: 

I  transmit  to  the  Senate  copies  and  extracts  of  documents  in  the 
archives  of  the  Department  of  State  faUing  within  the  purvnew  of  their 
resolution  of  the  4th  instant,  on  the  subject  of  British  impressments  from 
American  vessels.  The  information,  though  voluminous,  might  have 
been  enlarged  with  more  time  for  research  and  preparation.  In  some 
instances  it  might  at  the  same  time  have  been  abridged  but  for  the  diffi- 
culty of  separating  the  matter  extraneous  to  the  immediate  object  of  the 
resolution. 

JAMKS  MADISON. 


James  Madison  511 

VETO  MESSAGE. 

April  3,  1812. 
To  the  House  of  Representatives  of  the  United  States: 

Having  examined  and  considered  the  bill  entitled  "An  act  providing 
for  the  trial  of  causes  pending  in  the  respective  district  courts  of  the 
United  States,  in  case  of  the  absence  or  disability  of  the  judges  thereof," 
which  bill  was  presented  to  me  on  the  25th  of  March  past,  I  now  return 
the  same  to  the  House  of  Representatives,  in  which  it  originated,  with 
the  following  objections: 

Because  the  additional  services  imposed  by  the  bill  on  the  justices  of 
the  Supreme  Court  of  the  United  States  are  to  be  performed  by  them 
rather  in  the  quality  of  other  judges  of  other  courts,  namely,  judges  of 
the  district  courts,  than  in  the  quaUty  of  justices  of  the  Supreme  Coiut. 
They  are  to  hold  the  said  district  courts,  and  to  do  and  perform  all  acts 
relating  to  the  said  courts  which  are  by  law  required  of  the  district 
judges.  The  bill  therefore  virtually  appoints,  for  the  time,  the  justices 
of  the  Supreme  Court  to  other  distinct  offices  to  which,  if  compatible 
with  their  original  offices,  they  ought  to  be  appointed  by  another  than 
the  legislative  authority,  in  pursuance  of  legislative  provisions  authoriz- 
ing the  appointments. 

Because  the  appeal  allowed  by  law  for  the  decision  of  the  district 
courts  to  the  circuit  courts,  whilst  it  corroborates  the  construction  which 
regards  a  judge  of  one  court  as  clothed  with  a  new  office,  by  being 
constituted  a  judge  of  the  other,  submits  for  correction  erroneous  judg- 
ments, not  to  superior  or  other  judges,  but  to  the  erring  individual  him- 
self, acting  as  sole  judge  in  the  appellate  court. 

Because  the  additional  services  to  be  required  may,  by  distances  of 
place  and  by  the  casualties  contemplated  by  the  bill,  become  dispropor- 
tionate to  the  strength  and  health  of  the  justices  who  are  to  perform 
them,  the  additional  services  being,  moreover,  entitled  to  no  additional 
compensation,  nor  the  additional  expenses  incurred  to  reimbursement. 
In  this  view  the  bill  appears  to  be  contrary  to  equity,  as  well  as  a  prec- 
edent for  modifications  and  extensions  of  judicial  services  encroaching 
on  the  constitutional  tenure  of  judicial  offices. 

Because,  by  referring  to  the  President  of  the  United  States  questions 
of  disabiUty  in  the  district  judges  and  of  the  unreasonableness  of  delaying 
the  suits  or  causes  pending  in  the  district  courts,  and  leaving  it  with  him 
in  such  causes  to  require  the  justices  of  the  Supreme  Court  to  perform 
additional  services,  the  bill  introduces  an  unsuitable  relation  of  members 
of  the  judiciary  department  .to  a  discretionar>'  authority  of  the  executive 
department. 

JAMES  MADISON. 


513  Messages  and  Papers  of  the  Presidents 

PROCLAMATIONS. 

[Prom  Niles's  Weekly  Register,  vol.  i,  p.  44S.] 

By  tiik  President  of  the  United  States. 

a  proclamation. 

Whereas  information  has  been  received  that  a  number  of  individuals 
who  have  deserted  from  the  Army  of  the  United  States  have  become 
sensible  of  their  offense  and  are  desirous  of  returning  to  their  duty,  a 
full  pardon  is  hereby  granted  and  proclaimed  to  each  and  all  such  indi- 
viduals as  shall  within  four  months  from  the  date  hereof  surrender 
themselves  to  the  commanding  officer  of  any  military  post  within  the 
United  States  or  the  Territories  thereof. 

In  testimony  whereof  I  have  caused  the  seal  of  the  United  States  to  be 
affixed  to  these  presents,  and  signed  the  same  with  my  hand. 
P  -1         Done  at  the  city  of  Washington,  the  yth  day  of  February, 

A.  D.  18 12,  and  of  the  Independence  of  the  United  States  the 
thirty-sixth.  JAMES  MADISON. 

By  the  President: 

James  Monroe, 

Secretary  of  State. 

[From  Annals  of  Congress,  Twelfth  Congress,  part  2,  2223.] 

By  the  President  of  the  United  States  of  America, 
a  proclamation. 

Whereas  the  Congress  of  the  United  States,  by  virtue  of  the  consti- 
tuted authority  vested  in  them,  have  declared  by  their  act  bearing  date 
the  1 8th  day  of  the  present  month  that  war  exists  between  the  United 
Kingdom  of  Great  Britain  and  Ireland  and  the  dependencies  thereof  and 
the  United  States  of  America  and  their  Territories: 

Now,  therefore,  I,  James  Madison,  President  of  the  United  States  of 
America,  do  hereby  proclaim  the  same  to  all  whom  it  may  concern;  and  I 
do  specially  enjoin  on  all  persons  holding  offices,  civil  or  military,  under 
the  authority  of  the  United  States  that  they  be  vigilant  and  zealous  in 
discharging  the  duties  respectively  incident  thereto;  and  I  do  moreover 
exhort  all  the  good  people  of  the  United  States,  as  they  love  their  country, 
as  they  value  the  precious  heritage  derived  from  the  virtue  and  valor  of 
their  fathers,  as  they  feel  the  wrongs  which  have  forced  on  them  the  last 
resort  of  injured  nations,  and  as  they  consult  the  best  means  under  the 
blessing  of  Divine  Providence  of  abridging  its  calamities,  that  they  exert 
themselves  in  preserving  order,  in  promoting  concord,  in  maintaining  the 
authority  and  efficacy  of  the  laws,  and  in  sup^xirting  and  invigorating  all 


James  Madison  513 

the  measures  which  may  be  adopted  by  the  constituted  authorities  for 
obtaining  a  speedy,  a  just,  and  an  honorable  peace. 

In  testimony  whereof  I  have  hereunto  set  my  hand  and  caused  the 

seal  of  the  United  States  to  be  affixed  to  these  presents. 
[seal.]         Done  at  the  city  of  Washington,  the  19th  day  of  June,  1812, 

and  of  the  Independence  of  the  United  States  the  thirty-sixth. 

By  the  President:  J^MES  MADISON. 

James  Monroe, 

Secretary  of  State. 

[From  Annals  of  Congress,  Twelfth  Congress,  part  2,  2224.] 

By  the  President  of  the  United  States  of  America, 
a  proclamation. 

Whereas  the  Congress  of  the  United  States,  by  a  joint  resolution  of  the 
two  Houses,  have  signified  a  request  that  a  day  may  be  recommended  to 
be  observed  by  the  people  of  the  United  States  with  religious  solemnity 
as  a  day  of  public  humiliation  and  prayer;  and 

Whereas  such  a  recommendation  will  enable  the  several  religious 
denominations  and  societies  so  disposed  to  offer  at  one  and  the  same 
time  their  common  vows  and  adorations  to  Almighty  God  on  the  solemn 
occasion  produced  by  the  war  in  which  He  has  been  pleased  to  permit 
the  injustice  of  a  foreign  power  to  involve  these  United  States: 

I  do  therefore  recommend  the  third  Thursday  in  August  next  as  a 
convenient  day  to  be  set  apart  for  the  devout  purposes  of  rendering  the 
Sovereign  of  the  Universe  and  the  Benefactor  of  Mankind  the  public 
homage  due  to  His  holy  attributes;  of  acknowledging  the  transgressions 
which  might  justly  provoke  the  manifestations  of  His  divine  displeasure; 
of  seeking  His  merciful  forgiveness  and  His  assistance  in  the  great  duties 
of  repentance  and  amendment,  and  especially  of  offering  fervent  suppli- 
cations that  in  the  present  season  of  calamity  and  war  He  would  take 
the  American  people  under  His  peculiar  care  and  protection;  that  He 
would  guide  their  public  councils,  animate  their  patriotism,  and  bestow 
His  blessing  on  their  arms;  that  He  would  inspire  all  nations  with  a  love 
of  justice  and  of  concord  and  with  a  reverence  for  the  unerring  precept 
of  our  holy  reUgion  to  do  to  others  as  they  would  require  that  others 
should  do  to  them;  and,  finally,  that,  turning  the  hearts  of  our  enemies 
from  the  violence  and  injustice  which  sway  their  councils  against  us,  He 
would  hasten  a  restoration  of  the  blessings  of  peace. 

Given  at  Washington,  the  9th  day  of  July,  A.  D.  18 12. 

[seal.]  JAMES  MADISON. 

By  the  President: 

James  Monroe, 

Secretary  of  State. 
M  P — VOL  I — 33 


514  Messages  and  Papers  of  the  Presidents 

[From  Niles's  Weekly  Register,  vol.  3,  p.  loi.] 

By  the  President  of  the  United  States  of  America, 
a  proclamation. 

Whereas  information  has  been  received  that  a  number  of  individuals 
who  have  deserted  from  the  Army  of  the  United  States  have  become  sen- 
sible of  their  offenses  and  are  desirous  of  returning  to  their  duty,  a  full 
pardon  is  hereby  granted  and  proclaimed  to  each  and  all  such  individuals 
as  shall  within  four  months  from  the  date  hereof  surrender  themselves 
to  the  commanding  officer  of  any  militar>^  post  within  the  United  States 
or  the  Territories  thereof. 

In  testimony  whereof  I  have  caused  the  seal  of  the  United  States  to  be 
affixed  to  these  presents,  and  signed  the  same  with  my  hand, 
p  -,  Done  at  the  city  of  Washington,  the  8th  day  of  October, 

A.  D.  18 1 2,  and  of  the  Independence  of  the  United  States  the 
thirty-seventh. 

JAMES  MADISON. 
By  the  President: 

James  Monroe, 

Secretary  of  State. 


FOURTH  ANNUAL  MESSAGE. 

Washington,  November  4,  181 2. 
Fellow- Citizens  of  the  Senate  and  of  the  House  of  Representatives: 

On  our  present  meeting  it  is  my  first  duty  to  invite  your  attention  to 
the  providential  favors  which  our  country  has  experienced  in  the  unusual 
degree  of  health  dispensed  to  its  inhabitants,  and  in  the  rich  abundance 
with  which  the  earth  has  rewarded  the  labors  bestowed  on  it.  In  the 
successful  cultivation  of  other  branches  of  industry,  and  in  the  progress 
of  general  improvement  favorable  to  the  national  prosperity,  there  is  just 
occasion  also  for  our  mutual  congratulations  and  thankfidness. 

With  these  blessings  are  necessarily  mingled  the  pressures  and  vicis- 
situdes incident  to  the  state  of  war  into  which  the  United  States  have 
been  forced  by  the  perseverance  of  a  foreign  power  in  its  system  of  in- 
justice and  aggression. 

Previous  to  its  declaration  it  wai  deemed  proper,  as  a  measure  of 
precaution  and  forecast,  that  a  considerable  force  should  be  placed  in 
the  Michigan  Territory  with  a  general  view  to  its  security,  and,  in  the 
event  of  war,  to  such  operations  in  the  uppermost  Canada  as  would  in- 
tercept the  hostile  influence  of  Great  Britain  over  the  savages,  obtain 
the  command  of  the  lake  on  which  that  part  of  Canada  borders,  and 


James  Madison  515 

maintain  cooperating  relations  with  such  forces  as  might  be  most  con- 
veniently employed  against  other  parts.  Brigadier-General  Hull  was 
charged  with  this  provisional  service,  having  under  his  command  a  body 
of  troops  composed  of  regulars  and  of  volunteers  from  the  State  of  Ohio. 
Having  reached  his  destination  after  his  knowledge  of  the  war,  and 
possessing  discretionary  authority  to  act  offensively,  he  passed  into  the 
neighboring  territory  of  the  enemy  with  a  prospect  of  easy  and  victo- 
rious progress.  The  expedition,  nevertheless,  terminated  unfortunately, 
not  only  in  a  retreat  to  the  town  and  fort  of  Detroit,  but  in  the  surrender 
of  both  and  of  the  gallant  corps  commanded  by  that  officer.  The  causes 
of  this  painful  reverse  will  be  investigated  by  a  military  tribunal. 

A  distinguishing  feature  in  the  operations  which  preceded  and  followed 
this  adverse  event  is  the  use  made  by  the  enemy  of  the  merciless  savages 
under  their  influence.  Whilst  the  benevolent  policy  of  the  United  States 
invariably  recommended  peace  and  promoted  civilization  among  that 
wretched  portion  of  the  human  race,  and  was  making  exertions  to  dis- 
suade them  from  taking  either  side  in  the  war,  the  enemy  has  not  scru- 
pled to  call  to  his  aid  their  ruthless  ferocity,  arme(i  with  the  horrors  of 
those  instruments  of  carnage  and  torture  which  are  known  to  spare  neither 
age  nor  sex.  In  this  outrage  against  the  laws  of  honorable  war  and 
against  the  feelings  sacred  to  humanity  the  British  commanders  can  not 
resort  to  a  plea  of  retaliation,  for  it  is  committed  in  the  face  of  our  exam- 
ple. They  can  not  mitigate  it  by  calling  it  a  self-defense  against  men  in 
arms,  for  it  embraces  the  most  shocking  butcheries  of  defenseless  fami- 
lies. Nor  can  it  be  pretended  that  they  are  not  answerable  for  the  atroc- 
ities perpetrated,  since  the  savages  are  employed  with  a  knowledge,  and 
even  with  menaces,  that  their  fury  could  not  be  controlled.  Such  is  the 
spectacle  which  the  deputed  authorities  of  a  nation  boasting  its  religion 
and  morality  have  not  been  restrained  from  presenting  to  an  enlightened 
age. 

The  misfortune  at  Detroit  was  not,  however,  without  a  consoling  effect. 
It  was  followed  by  signal  proofs  that  the  national  spirit  rises  according  to 
the  pressure  on  it.  The  loss  of  an  important  post  and  of  the  brave  men 
surrendered  with  it  inspired  everywhere  new  ardor  and  determination. 
In  the  States  and  districts  least  remote  it  was  no  sooner  known  than 
ever\'  citizen  was  read}^  to  fly  with  his  arms  at  once  to  protect  his  breth- 
ren against  the  bloodthirsty  savages  let  loose  by  the  enemy  on  an  exten- 
sive frontier,  and  to  convert  a  partial  calamity  into  a  source  of  invigorated 
efforts.  This  patriotic  zeal,  which  it  was  necessary  rather  to  limit  than 
excite,  has  embodied  an  ample  force  from  the  States  of  Kentucky  and 
Ohio  and  from  parts  of  Pennsylvania  and  Virginia.  It  is  placed,  with 
the  addition  of  a  few  regulars,  under  the  command  of  Brigadier-General 
Harrison,  who  possesses  the  entire  confidence  of  his  fellow-soldiers, 
among  whom  are  citizens,  some  of  them  volunteers  in  the  ranks,  not  less 
distinguished  by  their  pohtical  stations  than  by  their  personal  merits. 


5i6  Messages  and  Papers  of  the  Presidents 

The  greater  portion  of  this  force  is  proceeding  on  its  destination  toward 
the  Michigan  Territor>',  hav'ing  succeeded  in  reUeving  an  important  fron- 
tier post,  and  in  several  incidental  operations  against  hostile  tribes  of  sav- 
ages, rendered  indispensable  by  the  subserviency  into  which  they  had  been 
seduced  by  the  enemy — a  seduction  the  more  cruel  as  it  could  not  fail  to 
impose  a  necessity  of  precautionary  severities  against  those  who  yielded 
to  it. 

At  a  recent  date  an  attack  was  made  on  a  post  of  the  enemy  near 
Niagara  by  a  detachment  of  the  regular  and  other  forces  under  the  com- 
mand of  Major-General  Van  Rensselaer,  of  the  militia  of  the  State  of 
New  York.  The  attack,  it  appears,  was  ordered  in  compUance  with  the 
ardor  of  the  troops,  who  executed  it  with  distinguished  gallantry,  and 
were  for  a  time  victorious;  but  not  receiving  the  expected  support,  they 
were  compelled  to  yield  to  reenforcements  of  British  regulars  and  sav- 
ages. Our  loss  has  been  considerable,  and  is  deeply  to  be  lamented. 
That  of  the  enemy,  less  ascertained,  will  be  the  more  felt,  as  it  includes 
among  the  killed  the  commanding  general,  who  was  also  the  governor 
of  the  Province,  and  was  sustained  by  veteran  troops  from  unexperienced 
soldiers,  who  must  daily  improve  in  the  duties  of  the  field. 

Our  expectation  of  gaining  the  command  of  the  Lakes  by  the  invasion 
of  Canada  from  Detroit  having  been  disappointed,  measures  were  instantly 
taken  to  provide  on  them  a  naval  force  superior  to  that  of  the  enemy. 
From  the  talents  and  activity  of  the  officer  charged  with  this  object 
everything  that  can  be  done  may  be  expected.  Should  the  present  sea- 
son not  admit  of  complete  success,  the  progress  made  will  insure  for  the 
next  a  naval  ascendency  where  it  is  essential  to  om-  permanent  peace 
with  and  control  over  the  savages. 

Among  the  incidents  to  the  measures  of  the  war  I  am  constrained  to 
advert  to  the  refusal  of  the  governors  of  Massachusetts  and  Connecticut 
to  furnish  the  required  detachments  of  militia  toward  the  defense  of  the 
maritime  frontier.  The  refusal  was  founded  on  a  novel  and  unfortunate 
exposition  of  the  provisions  of  the  Constitution  relating  to  the  militia. 
The  correspondences  which  will  be  laid  before  you  contain  the  requisite 
information  on  the  subject.  It  is  obvious  that  if  the  authority  of  the 
United  States  to  call  into  service  and  command  the  militia  for  the  public 
defense  can  be  thus  frustrated,  even  in  a  state  of  declared  war  and  of 
course  under  apprehensions  of  invasion  preceding  war,  they  are  not  one 
nation  for  the  purpose  most  of  all  requiring  it,  and  that  the  public  safety 
may  have  no  other  resource  than  in  those  large  and  permanent  military 
establishments  which  are  forbidden  by  the  principles  of  our  free  govern- 
ment, and  against  the  necessity  of  which  the  militia  were  meant  to  be  a 
constitutional  bulwark. 

On  the  coasts  and  on  the  ocean  the  war  has  been  as  successful  as 
circumstances  inseparable  from  its  early  stages  could  promise.  Our 
public  ships  and  private  cruisers,  by  their  activity,  and,  where  there 


James  Madison  517 

was  occasion,  by  their  intrepidity,  have  made  the  enemy  sensible  of  the 
difference  between  a  reciprocity  of  captures  and  the  long  confinement  of 
them  to  their  side.  Our  trade,  with  little  exception,  has  safely  reached 
our  ports,  having  been  much  favored  in  it  by  the  course  pursued  by  a 
squadron  of  our  frigates  under  the  command  of  Commodore  Rodgers, 
and  in  the  instance  in  which  skill  and  bravery  were  more  particularly 
tried  with  those  of  the  enemy  the  American  flag  had  an  auspicious 
triumph.  The  frigate  Constitution,  commanded  by  Captain  Hull,  after 
a  close  and  short  engagement  completely  disabled  and  captured  a  British 
frigate,  gaining  for  that  officer  and  all  on  board  a  praise  which  can  not 
be  too  liberally  bestowed,  not  merely  for  the  victory  actually  achieved, 
but  for  that  prompt  and  cool  exertion  of  commanding  talents  which, 
giving  to  courage  its  highest  character,  and  to  the  force  applied  its  full 
effect,  proved  that  more  could  have  been  done  in  a  contest  requiring 
more. 

Anxious  to  abridge  the  evils  from  which  a  state  of  war  can  not  be 
exempt,  I  lost  no  time  after  it  was  declared  in  conveying  to  the  British 
Government  the  terms  on  which  its  progress  might  be  arrested,  without 
awaiting  the  delays  of  a  formal  and  final  pacification,  and  our  charge 
d'affaires  at  I/)ndon  was  at  the  same  time  authorized  to  agree  to  an 
armistice  founded  upon  them.  These  terms  required  that  the  orders  in 
council  should  be  repealed  as  they  affected  the  United  States,  without 
a  revival  of  blockades  violating  acknowledged  rules,  and  that  there 
should  be  an  immediate  discharge  of  American  seamen  from  British 
ships,  and  a  stop  to  impressment  from  American  ships,  with  an  under- 
standing that  an  exclusion  of  the  seamen  of  each  nation  from  the  ships 
of  the  other  should  be  stipulated,  and  that  the  armistice  should  be 
improved  into  a  definitive  and  comprehensive  adjustment  of  depending 
controversies.  Although  a  repeal  of  the  orders  susceptible  of  explana- 
tions meeting  the  views  of  this  Government  had  taken  place  before  this 
pacific  advance  was  communicated  to  that  of  Great  Britain,  the  advance 
was  declined  from  an  avowed  repugnance  to  a  suspension  of  the  practice 
of  impressments  during  the  armistice,  and  without  any  intimation  that 
the  arrangement  proposed  with  respect  to  seamen  would  be  accepted. 
Whether  the  subsequent  communications  from  this  Government,  afford- 
ing an  occasion  for  reconsidering  the  subject  on  the  part  of  Great  Brit- 
ain, will  be  viewed  in  a  more  favorable  light  or  received  in  a  more  ac- 
commodating spirit  remains  to  be  known.  It  would  be  unwise  to  relax 
our  measures  in  any  respect  on  a  presumption  of  such  a  result. 

The  documents  from  the  Department  of  State  which  relate  to  this 
subject  will  give  a  view  also  of  the  propositions  for  an  armistice  which 
have  been  received  here,  one  of  them  from  the  authorities  at  Halifax 
and  in  Canada,  the  other  from  the  British  Government  itself  through 
Admiral  Warren,  and  of  the  grounds  on  which  neither  of  them  could  be 
accepted. 


5i8  Messages  and  Papers  of  the  Presidents 

Our  affairs  with  France  retain  the  posture  which  they  held  at  m^^  last 
communications  to  you.  Notwithstanding  the  authorized  expectations 
of  an  early  as  well  as  favorable  issue  to  the  discussions  on  foot,  these 
have  been  procrastinated  to  the  latest  date.  The  only  intervening  oc- 
currence meriting  attention  is  the  promulgation  of  a  French  decree  pur- 
porting to  be  a  definitive  repeal  of  the  Berlin  and  Milan  decrees.  This 
proceeding,  although  made  the  ground  of  the  repeal  of  the  British  orders 
in  council,  is  rendered  by  the  time  and  manner  of  it  hable  to  many  ob- 
jections. 

The  final  communications  from  our  special  minister  to  Denmark  afford 
further  proofs  of  the  good  effects  of  his  mission,  and  of  the  amicable 
disposition  of  the  Danish  Government.  From  Russia  we  have  the  satis- 
faction to  receive  assurances  of  continued  friendship,  and  that  it  will  not 
be  affected  by  the  rupture  between  the  United  States  and  Great  Britain. 
Sweden  also  professes  sentiments  favorable  to  the  subsisting  harmony. 

With  the  Barbary  Powers,  excepting  that  of  Algiers,  our  affairs  remain 
on  the  ordinary  footing.  The  consul-general  residing  with  that  Regency 
has  suddenly  and  without  cause  been  banished,  together  with  all  the 
American  citizens  found  there.  Whether  this  was  the  transitory  effect 
of  capricious  despotism  or  the  first  act  of  predetermined  hostility  is  not 
ascertained.  Precautions  were  taken  by  the  consul  on  the  latter  sup- 
position. 

The  Indian  tribes  not  under  foreign  instigations  remain  at  peace,  and 
receive  the  civilizing  attentions  which  have  proved  so  beneficial  to  them. 

With  a  view  to  that  vigorous  prosecution  of  the  war  to  which  our 
national  faculties  are  adequate,  the  attention  of  Congress  will  be  partic- 
ularly drawn  to  the  insufficiency  of  existing  provisions  for  filling  up  the 
military  establishment.  Such  is  the  happy  condition  of  our  country, 
arising  from  the  facility  of  subsistence  and  the  high  wages  for  every 
species  of  occupation,  that  notwithstanding  the  augmented  inducements 
provided  at  the  last  session,  a  partial  success  only  has  attended  the 
recruiting  service.  The  deficiency  has  been  necessarily  supplied  during 
the  campaign  by  other  than  regular  troops,  with  all  the  inconveniences 
and  expense  incident  to  them.  The  remedy  lies  in  establishing  more 
favorably  for  the  private  soldier  the  proportion  between  his  recompense 
and  the  term  of  his  enlistment,  and  it  is  a  subject  which  can  not  too  soon 
or  too  seriously  be  taken  into  consideration. 

The  same  insufficiency  has  been  experienced  in  the  provisions  for 
volunteers  made  by  an  act  of  the  last  session.  The  recompense  for  the 
service  required  in  this  case  is  still  less  attractive  than  in  the  other,  and 
although  patriotism  alone  has  sent  into  the  field  some  valuable  corps  of 
that  description,  those  alone  who  can  afford  the  sacrifice  can  be  reasonably 
expected  to  yield  to  that  impulse. 

It  will  merit  consideration  also  whether  as  auxihary  to  the  security 
of  our  frontiers  corps  may  not  be  advantageously  organized  with  a 


James  Madison  519 

restriction  of  their  services  to  particular  districts  convenient  to  them,  and 
whether  the  local  and  occasional  services  of  mariners  and  others  in  the 
seaport  towns  under  a  similar  organization  would  not  be  a  provident 
addition  to  the  means  of  their  defense. 

I  recommend  a  provision  for  an  increase  of  the  general  officers  of  the 
Army,  the  deficiency  of  which  has  been  illustrated  by  the  number  and 
distance  of  separate  commands  which  the  course  of  the  war  and  the 
advantage  of  the  service  have  required. 

And  I  can  not  press  too  strongly  on  the  earliest  attention  of  the  Legis- 
lature the  importance  of  the  reorganization  of  the  staff  establishment 
with  a  view  to  render  more  distinct  and  definite  the  relations  and  respon- 
sibilities of  its  several  departments.  That  there  is  room  for  improve- 
ments which  will  materially  promote  both  economy  and  success  in  what 
appertains  to  the  Army  and  the  war  is  equally  inculcated  by  the  examples 
of  other  countries  and  by  the  experience  of  our  own. 

A  revision  of  the  militia  laws  for  the  purpose  of  rendering  them  more 
systematic  and  better  adapting  them  to  emergencies  of  the  war  is  at  this 
time  particularly  desirable. 

Of  the  additional  ships  authorized  to  be  fitted  for  service,  two  will  be 
shortly  ready  to  sail,  a  third  is  under  repair,  and  delay  will  be  avoided 
in  the  repair  of  the  residue.  Of  the  appropriations  for  the  purchase  of 
materials  fo;-  shipbuilding,  the  greater  part  has  been  applied  to  that 
object  and  the  purchase  will  be  continued  with  the  balance. 

The  enterprising  spirit  which  has  characterized  our  naval  force  and 
its  success,  both  in  restraining  insults  and  depredations  on  our  coasts 
and  in  reprisals  on  the  enemy,  will  not  fail  to  recommend  an  enlargement 
of  it. 

There  being  reason  to  believe  that  the  act  prohibiting  the  acceptance 
of  British  licenses  is  not  a  sufficient  guard  against  the  use  of  them,  for 
purposes  favorable  to  the  interests  and  views  of  the  enemy,  further  pro- 
visions on  that  subject  are  highly  important.'  Nor  is  it  less  so  that 
penal  enactments  should  be  provided  for  cases  of  corrupt  and  perfidious 
intercourse  with  the  enemy,  not  amounting  to  treason  nor  yet  embraced 
by  any  statutory  provisions. 

A  considerable  number  of  American  vessels  which  were  in  England 
when  the  revocation  of  the  orders  in  council  took  place  were  laden  with 
British  manufactures  under  an  erroneous  impression  that  the  nonimpor- 
tation act  would  immediately  cease  to  operate,  and  have  arrived  in  the 
United  States.  It  did  not  appear  proper  to  exercise  on  unforeseen  cases 
of  such  magnitude  the  ordinary  powers  vested  in  the  Treasury  Depart- 
ment to  mitigate  forfeitures  without  previously  affording  to  Congress  an 
opportunity  of  making  on  the  subject  such  provision  as  they  may  think 
proper.  In  their  decision  they  will  doubtless  equally  consult  what  is  due 
to  equitable  considerations  and  to  the  public  interest. 

The  receipts  into  the  Treasury  during  the  year  ending  on  the  3otli  of 


520  Messages  and  Papers  of  the  Presidents 

September  last  have  exceeded  $16,500,000,  which  have  been  sufficient 
to  defray  all  the  demands  on  the  Treasury  to  that  day,  including  a  neces- 
sary reimbursement  of  near  three  millions  of  the  principal  of  the  public 
debt.  In  these  receipts  is  included  a  sum  of  near  $5,850,000,  received 
on  account  of  the  loans  authorized  by  the  acts  of  the  last  session;  the 
whole  sum  actually  obtained  on  loan  amounts  to  $1 1,000,000,  the  residue 
of  which,  being  receivable  subsequent  to  the  30th  of  September  last,  will, 
together  with  the  current  revenue,  enable  us  to  defray  all  the  expenses 
of  this  year. 

The  duties  on  the  late  unexpected  importations  of  British  manufac- 
tures will  render  the  revenue  of  the  ensuing  year  more  productive  than 
could  have  been  anticipated. 

The  situation  of  our  country,  fellow-citizens,  is  not  without  its  difficul- 
ties, though  it  abounds  in  animating  considerations,  of  which  the  view 
here  presented  of  our  pecuniary  resources  is  an  example.  With  more 
than  one  nation  we  have  serious  and  unsettled  controversies,  and  with 
one,  powerful  in  the  means  and  habits  of  war,  we  are  at  war.  The  spirit 
and  strength  of  the  nation  are  nevertheless  equal  to  the  support  of  all  its 
rights,  and  to  carry  it  through  all  its  trials.  They  can  be  met  in  that 
confidence.  Above  all,  we  have  the  inestimable  consolation  of  knowing 
that  the  w^ar  in  which  we  are  actually  engaged  is  a  war  neither  of  ambi- 
tion nor  of  vainglory;  that  it  is  waged  not  in  violation  of  the  rights  of 
others,  but  in  the  maintenance  of  our  own;  that  it  was  preceded  by  a 
patience  without  example  under  wrongs  accumulating  without  end,  and 
that  it  was  finally  not  declared  until  every  hope  of  averting  it  was  extin- 
guished by  the  transfer  of  the  British  scepter  into  new  hands  clinging  to 
former  councils,  and  until  declarations  were  reiterated  to  the  last  hour, 
through  the  British  envoy  here,  that  the  hostile  edicts  against  our  com- 
mercial rights  and  our  maritime  independence  would  not  be  revoked; 
nay,  that  they  could  not  be  revoked  without  violating  the  obligations  of 
Great  Britain  to  other  powers,  as  well  as  to  her  own  interests.  To  have 
shrunk  under  such  circumstances  from  manly  resistance  would  have  been 
a  degradation  blasting  our  best  and  proudest  hopes;  it  would  have  struck 
us  from  the  high  rank  where  the  virtuous  struggles  of  our  fathers  had 
placed  us,  and  have  betrayed  the  magnificent  legacy  which  we  hold  in 
trust  for  future  generations.  It  would  have  acknowledged  that  on  the 
element  which  forms  three-fourths  of  the  globe  we  inhabit,  and  where 
all  independent  nations  have  equal  and  common  rights,  the  American 
people  were  not  an  independent  people,  but  colonists  and  vassals.  It 
was  at  this  moment  and  with  such  an  alternative  that  war  was  chosen. 
The  nation  felt  the  necessity  of  it,  and  called  for  it.  The  appeal  was 
accordingly  made,  in  a  just  cause,  to  the  Just  and  All-powerful  Being 
who  holds  in  His  hand  the  chain  of  events  and  the  destiny  of  nations. 
It  remains  only  that,  faithful  to  ourselves,  entangled  in  no  connections 
with  the  views  of  other  powers,  and  ever  ready  to  accept  peace  from  the 


James  Madison  521 

hand  of  justice,  we  prosecute  the  war  with  united  counsels  and  with  the 
ample  faculties  of  the  nation  until  peace  be  so  obtained  and  as  the  only- 
means  under  the  Divine  blessing  of  speedily  obtaining  it. 

JAMES  MADISON. 


SPECIAL  MESSAGES. 

November  12,  1812. 
To  the  Se7iate  and  House  of  Representatives  of  the  United  States: 

For  the  further  information  of  Congress  relative  to  the  pacific  advances 
made  on  the  part  of  this  Government  to  that  of  Great  Britain,  and  the 
manner  in  which  they  have  been  met  by  the  latter,  I  transmit  the  sequel 
of  the  communications  on  that  subject  received  from  the  late  charge 
d'affaires  at  London.  j^^^  MADISON. 

November  17,  1812, 
To  the  Se?tate  and  House  of  Representatives  of  the  United  States: 

I  transmit  to  Congress  copies  of  a  letter  from  the  consul-general  of  the 
United  States  to  Algiers,  stating  the  circumstances  preceding  and  attend- 
ing his  departure  from  that  Regency.  JAMES  MADISON. 

Washington,  December  it,  1812. 
To  the  Seriate  and  House  of  Representatives  of  the  United  States: 

I  transmit  to  Congress  copies  of  a  letter  to  the  Secretary  of  the  Navy 
from  Captain  Decatur,  of  the  frigate  Uriited  States,  reporting  his  combat 
and  capture  of  the  British  frigate  Macedonian.  Too  much  praise  can  not 
be  bestowed  on  that  officer  and  his  companions  on  board  for  the  consum- 
mate skill  and  conspicuous  valor  by  which  this  trophy  has  been  added  to 
the  naval  arms  of  the  United  States. 

I  transmit  also  a  letter  from  Captain  Jones,  who  commanded  the  sloop 
of  war  Wasp,  reporting  his  capture  of  the  British  sloop  of  war  Frolic, 
after  a  close  action,  in  which  other  brilliant  titles  will  be  seen  to  the  pub- 
lic admiration  and  praise. 

A  nation  feeling  what  it  owes  to  itself  and  to  its  citizens  could  never 
abandon  to  arbitrary  violence  on  the  ocean  a  class  of  them  which  give 
such  examples  of  capacity  and  courage  in  defending  their  rights  on  that 
element,  examples  which  ought  to  impress  on  the  enemy,  however  brave 
and  powerful,  preference  of  justice  and  peace  to  hostility  against  a  coun- 
try whose  prosperous  career  may  be  accelerated  but  can  not  be  prevented 
by  the  assaults  made  on  it.  ^^^^  MADISON. 


522  Messages  and  Papers  of  the  Presidents 

January  22,  1813. 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

I  transmit,  for  the  information  of  Congress,  copies  of  a  correspondence 
between  John  Mitchell,  agent  for  American  prisoners  of  war  at  Halifax, 
and  the  British  admiral  commanding  at  that  station, 

I  transmit,  for  the  like  purpose,  copies  of  a  letter  from  Commodore 

Rodgers  to  the  Secretary  of  the  Navy. 

JAMES  MADISON. 

February  22,  18 13. 
To  the  Senate  aiid  Hoiise  of  Representatives  of  the  United  States: 

I  lay  before  Congress  a  letter,  with  accompanying  documents,  from 
Captain  Bainbridge,  now  commanding  the  United  States  frigate  the  Con- 
stitution, reporting  his  capture  and  destruction  of  the  British  frigate  the 
fava.  The  circumstances  and  the  issue  of  this  combat  afford  another 
example  of  the  professional  skill  and  heroic  spirit  which  prevail  in  our 
nav^al  service.  The  signal  display  of  both  by  Captain  Bainbridge,  his 
officers  and  crew,  commands  the  highest  praise. 

This  being  a  second  instance  in  which  the  condition  of  the  captured 
ship,  by  rendering  it  impossible  to  get  her  into  port,  has  barred  a  con- 
templated reward  of  successful  valor,  I  recommend  to  the  consideration 
of  Congress  the  equity  and  propriety  of  a  general  provision  allowing  in 
such  cases,  both  past  and  future,  a  fair  proportion  of  the  value  which 
would  accrue  to  the  captors  on  the  safe  arrival  and  sale  of  the  prize. 

JAMES  MADISON. 

February  24,  1813. 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

I  lay  before  Congress  copies  of  a  proclamation  of  the  British  lieutenant- 
governor  of  the  island  of  Bermuda,  which  has  appeared  under  circum- 
stances leaving  no  doubt  of  its  authenticity.  It  recites  a  British  order 
in  council  of  the  26th  of  October  last,  providing  for  the  supply  of  the 
British  West  Indies  and  other  colonial  possessions  by  a  trade  under  spe- 
cial licenses,  and  is  accompanied  by  a  circular  instruction  to  the  colonial 
governors  which  confines  licensed  importations  from  ports  of  the  United 
States  to  the  ports  of  the  Eastern  States  exclusively. 

The  Government  of  Great  Britain  had  already  introduced  into  her  com- 
merce during  war  a  system  which,  at  once  violating  the  rights  of  other 
nations  and  resting  on  a  mass  of  forgery  and  perjury  unknown  to  other 
times,  was  making  an  unfortunate  progress  in  undermining  those  prin- 
ciples of  morality  and  religion  which  are  the  best  foundation  of  national 
happiness. 

The  policy  now  proclaimed  to  the  world  introduces  into  her  modes  of 
warfare  a  system  equally  distinguished  by  the  deformity  of  its  features 


James  Madison  523 

and  the  depravity  of  its  character,  having  for  its  object  to  dissolve  the 
ties  of  allegiance  and  the  sentiments  of  loyalty  in  the  adversary  nation, 
and  to  seduce  and  separate  its  component  parts  the  one  from  the  other. 

The  general  tendency  of  these  demoralizing  and  disorganizing  contriv- 
ances will  be  reprobated  by  the  civilized  and  Christian  world,  and  the 
insulting  attempt  on  the  virtue,  the  honor,  the  patriotism,  and  the  fidel- 
ity of  our  brethren  of  the  Eastern  States  will  not  fail  to  call  forth  all 
their  indignation  and  resentment,  and  to  attach  more  and  more  all  the 
States  to  that  happy  Union  and  Constitution  against  which  such  insid- 
ious and  malignant  artifices  are  directed. 

The  better  to  guard,  nevertheless,  against  the  effect  of  individual  cupid- 
ity and  treachery  and  to  turn  the  corrupt  projects  of  the  enemy  against 
himself,  I  recommend  to  the  consideration  of  Congress  the  expediency 
of  an  effectual  prohibition  of  any  trade  whatever  by  citizens  or  inhabit- 
ants of  the  United  States  under  special  licenses,  whether  relating  to  per- 
sons or  ports,  and  in  aid  thereof  a  prohibition  of  all  exportations  from  the 
United  States  in  foreign  bottoms,  few  of  which  are  actually  employed, 
whilst  multiplying  counterfeits  of  their  flags  and  papers  are  covering  and 
encouraging  the  navigation  of  the  enemy. 

JAMES  MADISON. 

March  3,  1813. 
To  the  House  of  Representatives  of  the  United  States: 

Conformably  to  the  resolution  of  the  House  of  Representatives  of  the 
27th  of  January  last,  I  transmit  "rolls  of  the  persons  having  office  or 
employment  of  a  public  nature  under  the  United  States. ' ' 

JAMES  MADISON. 


VETO  MESSAGE. 

November  5,  18 12. 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

The  bill  entitled  "An  act  supplementary  to  the  acts  heretofore  passed 
on  the  subject  of  an  uniform  rule  of  naturalization,"  which  passed  the 
two  Houses  at  the  last  session  of  Congress,  having  appeared  to  me  liable 
to  abuse  by  aliens  having  no  real  purpose  of  effectuating  a  naturaUza- 
tion,  and  therefore  not  been  signed,  and  having  been  presented  at  an 
hour  too  near  the  close  of  the  session  to  be  returned  with  objections  for 
reconsideration,  the  bill  failed  to  become  a  law.  I  also  recommend  that 
provision  be  now  made  in  favor  of  aliens  entitled  to  the  contemplated 
benefit,  under  such  regulations  as  will  prevent  advantage  being  taken 
of  it  for  improper  purposes. 

JAMES  MADISON. 


524  Messages  and  Papers  of  the  Presidents 


SECOND   INAUGURAL  ADDRESS. 

About  to  add  the  solemnity  of  an  oath  to  the  obligations  imposed  by  a 
second  call  to  the  station  in  which  my  country  heretofore  placed  me,  I 
find  in  the  presence  of  this  respectable  assembly  an  opportunity  of  pub- 
licly repeating  my  profound  sense  of  so  distinguished  a  confidence  and  of 
the  responsibility  united  with  it.  The  impressions  on  me  are  strength- 
ened by  such  an  evidence  that  my  faithful  endeavors  to  discharge  my 
arduous  duties  have  been  favorably  estimated,  and  by  a  consideration  of 
the  momentous  period  at  which  the  trust  has  been  renewed.  From  the 
weight  and  magnitude  now  belonging  to  it  I  should  be  compelled  to 
shrink  if  I  had  less  reliance  on  the  support  of  an  enlightened  and  gener- 
ous people,  and  felt  less  deeply  a  conviction  that  the  war  with  a  powerful 
nation,  which  forms  so  prominent  a  feature  in  our  situation,  is  stamped 
with  that  justice  which  invites  the  smiles  of  Heaven  on  the  means  of 
conducting  it  to  a  successful  termination. 

May  we  not  cherish  this  sentiment  without  presumption  when  we  re- 
flect on  the  characters  by  which  this  war  is  distinguished? 

It  was  not  declared  on  the  part  of  the  United  States  until  it  had  been 
long  made  on  them,  in  reality  though  not  in  name;  until  arguments  and 
expostulations  had  been  exhausted;  until  a  positive  declaration  had  been 
received  that  the  wrongs  provoking  it  would  not  be  discontinued;  nor 
until  this  last  appeal  could  no  longer  be  delayed  without  breaking  down 
the  spirit  of  the  nation,  destroying  all  confidence  in  itself  and  in  its  polit- 
ical institutions,  and  either  perpetuating  a  state  of  disgraceful  suffering 
or  regaining  by  more  costly  sacrifices  and  more  severe  struggles  our  lost 
rank  and  respect  among  independent  powers. 

On  the  issue  of  the  war  are  staked  our  national  sovereignty  on  the  high 
seas  and  the  security  of  an  important  class  of  citizens,  whose  occupations 
give  the  proper  value  to  those  of  every  other  class.  Not  to  contend  for 
such  a  stake  is  to  surrender  our  equality  with  other  powers  on  the  ele- 
ment common  to  all  and  to  violate  the  sacred  title  which  every  member 
of  the  society  has  to  its  protection.  I  need  not  call  into  view  the  unlaw- 
fulness of  the  practice  by  which  our  mariners  are  forced  at  the  will  of 
every  cruising  ofiicer  from  their  own  vessels  into  foreign  ones,  nor  paint 
the  outrages  inseparable  from  it.  The  proofs  are  in  the  records  of  each 
successive  Administration  of  our  Government,  and  the  cruel  sufferings 
of  that  portion  of  the  American  people  have  found  their  way  to  every 
bosom  not  dead  to  the  sympathies  of  human  nature. 

As  the  war  was  just  in  its  origin  and  necessary  and  noble  in  its  objects, 
we  can  reflect  with  a  proud  satisfaction  that  in  carrying  it  on  no  principle 
of  justice  or  honor,  no  usage  of  civilized  nations,  no  precept  of  courtesy 
or  humanity,  have  been  infringed.     The  war  has  been  waged  on  our  part 


Ja7nes  Madison  525 

with  scrupulous  regard  to  all  these  obligations,  and  in  a  spirit  of  liberality 
which  was  never  surpassed. 

How  little  has  been  the  effect  of  this  example  on  the  conduct  of  the 
enemy ! 

They  have  retained  as  prisoners  of  war  citizens  of  the  United  States 
not  liable  to  be  so  considered  under  the  usages  of  war. 

They  have  refused  to  consider  as  prisoners  of  war,  and  threatened  to 
punish  as  traitors  and  deserters,  persons  emigrating  without  restraint  to 
the  United  States,  incorporated  by  naturalization  into  our  political  family, 
and  fighting  under  the  authority  of  their  adopted  country  in  open  and 
honorable  war  for  the  maintenance  of  its  rights  and  safety.  Such  is  the 
avowed  purpose  of  a  Government  which  is  in  the  practice  of  naturalizing 
by  thousands  citizens  of  other  countries,  and  not  only  of  permitting  but 
compelling  them  to  fight  its  battles  against  their  native  country. 

They  have  not,  it  is  true,  taken  into  their  own  hands  the  hatchet  and 
the  knife,  devoted  to  indiscriminate  massacre,  but  they  have  let  loose  the 
savages  armed  with  these  cruel  instruments;  have  allured  them  into  their 
service,  and  carried  them  to  battle  by  their  sides,  eager  to  glut  their  sav- 
age thirst  with  the  blood  of  the  vanquished  and  to  finish  the  work  of 
torture  and  death  on  maimed  and  defenseless  captives.  And,  what  was 
never  before  seen,' British  commanders  have  extorted  victory  over  the 
unconquerable  valor  of  our  troops  by  presenting  to  the  sympathy  of  their 
chief  captives  awaiting  massacre  from  their  savage  associates.  And 
now  we  find  them,  in  further  contempt  of  the  modes  of  honorable  war- 
fare, supplying  the  place  of  a  conquering  force  by  attempts  to  disorganize 
our  political  society,  to  dismember  our  confederated  Republic.  Happily, 
like  others,  these  will  recoil  on  the  authors;  but  they  mark  the  degener- 
ate counsels  from  which  they  emanate,  and  if  they  did  not  belong  to  a 
series  of  unexampled  inconsistencies  might  excite  the  greater  wonder 
as  proceeding  from  a  Government  which  founded  the  very  war  in  which 
it  has  been  so  long  engaged  on  a  charge  against  the  disorganizing  and 
insurrectional  policy  of  its  adversary. 

To  render  the  justice  of  the  war  on  our  part  the  more  conspicuous,  the 
reluctance  to  commence  it  was  followed  by  the  earliest  and  strongest 
manifestations  of  a  disposition  to  arrest  its  progress.  The  sword  was 
scarcely  out  of  the  scabbard  before  the  enemy  was  apprised  of  the  reason- 
able terms  on  which  it  would  be  resheathed.  Still  more  precise  advances 
were  repeated,  and  have  been  received  in  a  spirit  forbidding  every  reliance 
not  placed  on  the  military  resources  of  the  nation. 

These  resources  are  amply  sufficient  to  bring  the  war  to  an  honorable 
issue.  Our  nation  is  in  number  more  than  half  that  of  the  British  Isles. 
It  is  composed  of  a  brave,  a  free,  a  virtuous,  and  an  intelligent  people. 
Our  country  abounds  in  the  necessaries,  the  arts,  and  the  comforts  of  life. 
A  general  prosperity  is  visible  in  the  public  countenance.  The  means  em- 
ployed by  the  British  cabinet  to  undermine  it  have  recoiled  on  themselves; 


526  Messages  and  Papers  of  the  Presidents 

have  given  to  our  national  faculties  a  more  rapid  development,  and, 
draining  or  diverting  the  precious  metals  from  British  circulation  and 
British  vaults,  have  poured  them  into  those  of  the  United  States.  It  is 
a  propitious  consideration  that  an  unavoidable  war  should  have  found 
this  seasonable  facility  for  the  contributions  required  to  support  it. 
When  the  public  voice  called  for  war,  all  knew,  and  still  know,  that 
without  them  it  could  not  be  carried  on  through  the  period  which  it  might 
last,  and  the  patriotism,  the  good  sense,  and  the  manly  spirit  of  our  fellow- 
citizens  are  pledges  for  the  cheerfulness  with  which  they  will  bear  each 
his  share  of  the  common  burden.  To  render  the  war  short  and  its  suc- 
cess sure,  animated  and  systematic  exertions  alone  are  necessary,  and  the 
success  of  our  arms  now  may  long  preserve  our  country  from  the  neces- 
sity of  another  resort  to  them.  Already  have  the  gallant  exploits  of  our 
naval  heroes  proved  to  the  world  our  inherent  capacity  to  maintain  our 
rights  on  one  element.  If  the  reputation  of  our  arms  has  been  thrown 
under  clouds  on  the  other,  presaging  flashes  of  heroic  enterprise  assure 
us  that  nothing  is  wanting  to  correspondent  triumphs  there  also  but  the 
discipline  and  habits  which  are  in  daily  progress. 
March  4,  18 13. 


SPECIAL  SESSION  MESSAGE. 

Washington,  May  23,  1813. 
Fellow- Citizens  of  the  Senate  and  of  the  House  of  Representatives: 

At  an  early  day  after  the  close  of  the  last  session  of  Congress  an  offer 
was  formally  communicated  from  His  Imperial  Majesty  the  Emperor  of 
Russia  of  his  mediation,  as  the  common  friend  of  the  United  States  and 
Great  Britain,  for  the  purpose  of  facilitating  a  peace  between  them.  The 
high  character  of  the  Emperor  Alexander  being  a  satisfactory  pledge  for 
the  sincerity  and  impartiality  of  his  offer,  it  was  immediately  accepted, 
and  as  a  further  proof  of  the  disposition  on  the  part  of  the  United  States 
to  meet  their  adversary  in  honorable  experiments  for  terminating  the  war 
it  was  determined  to  avoid  intermediate  delays  incident  to  the  distance 
of  the  parties  by  a  definitive  provision  for  the  contemplated  negotiation. 
Three  of  our  eminent  citizens  were  accordingly  commissioned  with  the 
requisite  powers  to  conclude  a  treaty  of  peace  with  persons  clothed  with 
like  powers  on  the  part  of  Great  Britain.  They  are  authorized  also  to 
enter  into  such  conventional  regulations  of  the  commerce  between  the 
two  countries  as  may  be  mutually  advantageous.  The  two  envoys  who 
were  in  the  United  States  at  the  time  of  their  appointment  have  pro- 
ceeded to  join  their  colleague  already  at  St.  Petersburg. 

The  envoys  have  received  another  commission  authorizing  them  to 
conclude  with  Russia  a  treaty  of  commerce  with  a  view  to  strengthen  the 


James  Madison  527 

amicable  relations  and  improve  the  beneficial  intercourse  between  the 
two  countries. 

The  issue  of  this  friendly  interposition  of  the  Russian  Emperor  and 
this  pacific  manifestation  on  the  part  of  the  United  States  time  only  can 
decide.  That  the  sentiments  of  Great  Britain  toward  that  Sovereign  will 
have  produced  an  acceptance  of  his  offered  mediation  must  be  presumed. 
That  no  adequate  motives  exist  to  prefer  a  continuance  of  war  with  the 
United  States  to  the  terms  on  which  they  are  willing  to  close  it  is  certain. 
The  British  cabinet  also  must  be  sensible  that,  with  respect  to  the  impor- 
tant question  of  impressment,  on  which  the  war  so  essentially  turns,  a 
search  for  or  seizure  of  British  persons  or  property  on  board  neutral  ves- 
sels on  the  high  seas  is  not  a  belligerent  right  derived  from  the  law  of 
nations,  and  it  is  obvious  that  no  visit  or  search  or  use  of  force  for  any 
purpose  on  board  the  vessels  of  one  independent  power  on  the  high  seas 
can  in  war  or  peace  be  sanctioned  by  the  laws  or  authority  of  another 
power.  It  is  equally  obvious  that,  for  the  purpose  of  preserving  to  each 
State  its  seafaring  members,  by  excluding  them  from  the  vessels  of  the 
other,  the  mode  heretofore  proposed  by  the  United  States  and  now  enacted 
by  them  as  an  article  of  municipal  policy,  can  not  for  a  moment  be  com- 
pared with  the  mode  practiced  by  Great  Britain  without  a  conviction  of 
its  title  to  preference,  inasmuch  as  the  latter  leaves  the  discrimination 
between  the  mariners  of  the  two  nations  to  officers  exposed  by  unavoid- 
able bias  as  well  as  by  a  defect  of  evidence  to  a  wrong  decision,  under 
circumstances  precluding  for  the  most  part  the  enforcement  of  control- 
ling penalties,  and  where  a  wrong  decision,  besides  the  irreparable  viola- 
tion of  the  sacred  rights  of  persons,  might  frustrate  the  plans  and  profits 
of  entire  voyages;  whereas  the  mode  assumed  by  the  United  States  guards 
with  studied  fairness  and  efficacy  against  errors  in  such  cases  and  avoids 
the  effect  of  casual  errors  on  the  safety  of  navigation  and  the  success  of 
mercantile  expeditions. 

If  the  reasonableness  of  expectations  drawn  from  these  considerations 
could  guarantee  their  fulfillment  a  just  peace  would  not  be  distant.  But 
it  becomes  the  wisdom  of  the  National  Legislature  to  keep  in  mind  the 
true  policy,  or  rather  the  indispensable  obligation,  of  adapting  its  meas- 
ures to  the  supposition  that  the  only  course  to  that  happy  event  is  in  the 
vigorous  employment  of  the  resources  of  war.  And  painful  as  the  reflec- 
tion is,  this  duty  is  particularly  enforced  by  the  spirit  and  manner  in 
which  the  war  continues  to  be  waged  by  the  enemy,  who,  uninfluenced 
by  the  unvaried  examples  of  humanity  set  them,  are  adding  to  the  savage 
fury  of  it  on  one  frontier  a  system  of  plunder  and  conflagration  on  the 
other,  equally  forbidden  by  respect  for  national  character  and  by  the  es- 
tablished rules  of  civilized  warfare. 

As  an  encouragement  to  persevering  and  invigorated  exertions  to  bring 
the  contest  to  a  happy  result,  I  have  the  satisfaction  of  being  able  to  ap- 
peal to  the  auspicious  progress  of  oiu:  arms  both  by  land  and  on  the  water. 


528  Messages  and  Papers  of  the  Presidents 

In  continuation  of  the  brilliant  achievements  of  our  infant  Navy,  a  sig- 
nal triumph  has  been  gained  by  Captain  Lawrence  and  his  companions 
in  the  Hornet  sloop  of  war,  which  destroyed  a  British  sloop  of  war  with 
a  celerity  so  unexampled  and  with  a  slaughter  of  the  enemy  so  dispro- 
portionate to  the  loss  in  the  Hornet  as  to  claim  for  the  conquerors  the 
highest  praise  and  the  full  recompense  provided  by  Congress  in  pre- 
ceding cases.  Our  public  ships  of  war  in  general,  as  well  as  the  private 
armed  vessels,  have  continued  also  their  activity  and  success  against  the 
commerce  of  the  enemy,  and  by  their  vigilance  and  address  have  greatly 
frustrated  the  efforts  of  the  hostile  squadrons  distributed  along  our  coasts 
to  intercept  them  in  returning  into  port  and  resuming  their  cruises. 

The  augmentation  of  our  naval  force,  as  authorized  at  the  last  session 
of  Congress,  is  in  progress.  On  the  Lakes  our  superiority  is  near  at 
hand  where  it  is  not  already  established. 

The  events  of  the  campaign,  so  far  as  they  are  known  to  us,  furnish 
matter  of  congratulation,  and  show  that  under  a  wise  organization  and 
efficient  direction  the  Army  is  destined  to  a  glory  not  less  brilliant  than 
that  which  already  encircles  the  Navy.  The  attack  and  capture  of  York 
is  in  that  quarter  a  presage  of  future  and  greater  victories,  while  on  the 
western  frontier -the  issue  of  the  late  siege  of  Fort  Meigs  leaves  us  noth- 
ing to  regret  but  a  single  act  of  inconsiderate  valor. 

The  provisions  last  made  for  filling  the  ranks  and  enlarging  the  staff 
of  the  Army  have  had  the  best  effects.  It  will  be  for  the  consideration 
of  Congress  whether  other  provisions  depending  on  their  authority  may 
not  still  further  improve  the  military  establishment  and  the  means  of 
defense. 

The  sudden  death  of  the  distinguished  citizen  who  represented  the 
United  States  in  France,  without  any  special  arrangements  by  him  for 
such  a  contingency,  has  left  us  without  the  expected  sequel  to  his  last 
communications,  nor  has  the  French  Government  taken  any  meastn-es 
for  bringing  the  depending  negotiations  to  a  conclusion  through  its  rep- 
resentative in  the  United  States.  This  failure  adds  to  delays  before  so 
unreasonably  spun  out.  A  successor  to  our  deceased  minister  has  been 
appointed  and  is  ready  to  proceed  on  his  mission.  The  course  which  he 
will  pursue  in  fulfilling  it  is  that  prescribed  by  a  steady  regard  to  the 
true  interests  of  the  United  States,  which  equally  avoids  an  abandon- 
ment of  their  just  demands  and  a  connection  of  their  fortunes  with  the 
systems  of  other  powers. 

The  receipts  in  the  Treasury  from  the  ist  of  October  to  the  31st  day 
of  March  last,  including  the  sums  received  on  account  of  Treasury  notes 
and  of  the  loans  authorized  by  the  acts  of  the  last  and  the  preceding 
sessions  of  Congress,  have  amounted  to  $15,412,000.  The  expenditures 
during  the  same  period  amounted  to  $15,920,000,  and  left  in  the  Treas- 
ury on  the  ist  of  April  the  sum  of  $1 ,857,000.  The  loan  of  $16,000,000, 
authorized  by  the  act  of  the  8th  of  February  last,  has  been  contracted 


James  Madison  529 

for.  Of  that  sum  more  than  $1,000,000  had  been  paid  into  the  Treas- 
ury prior  to  the  ist  of  April,  and  formed  a  part  of  the  receipts  as  above 
stated.  The  remainder  of  that  loan,  amounting  to  near  $15,000,000, 
with  the  sum  of  $5,000,000  authorized  to  be  issued  in  Treasury  notes, 
and  the  estimated  receipts  from  the  customs  and  the  sales  of  public  lands, 
amounting  to  $9,300,000,  and  making,  in  the  whole,  $29,300,000,  to  be 
received  during  the  last  nine  months  of  the  present  year,  will  be  neces- 
sary to  meet  the  expenditures  already  authorized  and  the  engagements 
contracted  in  relation  to  the  public  debt.  These  engagements  amount 
during  that  period  to  $10,500,000,  which,  with  near  one  million  for  the 
civil,  miscellaneous,  and  diplomatic  expenses,  both  foreign  and  domestic, 
and  $17,800,000  for  the  military  and  naval  expenditures,  including  the 
ships  of  war  building  and  to  be  built,  will  leave  a  sum  in  the  Treasury  at 
the  end  of  the  present  year  equal  to  that  on  the  ist  of  April  last.  A  part 
of  this  sum  may  be  considered  as  a  resource  for  defraying  any  extraor- 
dinary expenses  already  authorized  by  law  beyond  the  sums  above  esti- 
mated, and  a  further  resource  for  any  emergency  may  be  found  in  the 
sum  of  $1,000,000,  the  loan  of  which  to  the  United  States  has  been 
authorized  by  the  State  of  Pennsylvania,  but  which  has  not  yet  been 
brought  into  effect. 

This  view  of  our  finances,  whilst  it  shows  that  due  provision  has  been 
made  for  the  expenses  of  the  current  year,  shows  at  the  same  time,  by 
the  limited  amount  of  the  actual  revenue  and  the  dependence  on  loans, 
the  necessity  of  providing  more  adequately  for  the  future  supplies  of  the 
Treasury.  This  can  be  best  done  by  a  well-digested  system  of  internal 
revenue  in  aid  of  existing  sources,  which  will  have  the  effect  both  of 
abridging  the  amount  of  necessary  loans  and,  on  that  account,  as  well  as 
by  placing  the  public  credit  on  a  more  satisfactory  basis,  of  improving 
the  terms  on  which  loans  may  be  obtained.  The  loan  of  sixteen  millions 
was  not  contracted  for  at  a  less  interest  than  about  yj^  per  cent,  and, 
although  other  causes  may  have  had  an  agency,  it  can  not  be  doubted 
that,  with  the  advantage  of  a  more  extended  and  less  precarious  revenue, 
a  lower  rate  of  interest  might  have  sufficed.  A  longer  postponement  of 
this  advantage  could  not  fail  to  have  a  still  greater  influence  on  future 
loans. 

In  recommending  to  the  National  Legislature  this  resort  to  additional 
taxes  I  feel  great  satisfaction  in  the  assurance  that  our  constituents, 
who  have  already  displayed  so  much  zeal  and  firmness  in  the  cause  of 
their  country,  will  cheerfully  give  any  other  proof  of  their  patriotism 
which  it  calls  for.  Happily  no  people,  with  local  and  transitory'  excep- 
tions never  to  be  wholly  avoided,  are  more  able  than  the  people  of  the 
United  States  to  spare  for  the  public  wants  a  portion  of  their  private 
means,  whether  regard  be  had  to  the  ordinary  profits  of  industry  or  the 
ordinary  price  of  subsistence  in  our  country  compared  with  those  in  any 
other.  And  in  no  case  could  stronger  reasons  be  felt  for  yielding  the 
M  P — vol,  I — 34 


530  Messages  and  Papers  of  the  Presidents 

requisite  contributions.  By  rendering  the  public  resources  certain  and 
commensurate  to  the  public  exigencies,  the  constituted  authorities  will 
be  able  to  prosecute  the  war  the  more  rapidly  to  its  proper  issue;  every 
hostile  hope  founded  on  a  calculated  failure  of  our  resources  will  be  cut 
off,  and  by  adding  to  the  evidence  of  bravery  and  skill  in  combats  on 
the  ocean  and  the  land,  and  alacrity  in  supplying  the  treasure  neces- 
sary to  give  them  their  fullest  effect,  and  demonstrating  to  the  world  the 
public  energy  which  oiu"  political  institutions  combine,  with  the  personal 
liberty  distinguishing  them,  the  best  security  will  be  provided  against 
future  enterprises  on  the  rights  or  the  peace  of  the  nation. 

The  contest  in  which  the  United  States  are  engaged  appeals  for  its 
support  to  every  motive  that  can  animate  an  uncorrupted  and  enlightened 
people — to  the  love  of  country;  to  the  pride  of  liberty;  to  an  emulation 
of  the  glorious  founders  of  their  independence  by  a  successful  vindication 
of  its  violated  attributes;  to  the  gratitude  and  sympathy  which  demand 
security  from  the  most  degrading  wrongs  of  a  class  of  citizens  who  have 
proved  themselves  so  worthy  the  protection  of  their  country  by  their 
heroic  zeal  in  its  defense;  and,  finally,  to  the  sacred  obligation  of  trans- 
mitting entire  to  future  generations  that  precious  patrimony  of  national 
rights  and  independence  which  is  held  in  trust  by  the  present  from  the 
goodness  of  Divine  Providence. 

Being  aware  of  the  inconveniences  to  which  a  protracted  session  at  this 
season  would  be  liable,  I  limit  the  present  communication  to  objects  of 
primary  importance.  In  special  messages  which  may  ensue  regard  will 
be  had  to  the  same  consideration.  JAMES  MADISON. 

SPECIAL  MESSAGES. 

May  29,  1813. 
To  the  Senate  of  the  United  States: 

The  Swedish  Government  having  repeatedly  manifested  a  desire  to 
interchange  a  public  minister  with  the  United  States,  and  having  lately 
appointed  one  with  that  view,  and  other  considerations  concurring  to 
render  it  advisable  at  this  period  to  make  a  correspondent  appointment, 
I  nominate  Jonathan  Russell,  of  Rhode  Island,  to  be  minister  plenipoten- 
tiary of  the  United  States  to  Sweden. 

JAMES  MADISON. 

Washington, /«/?'  6,  i8ij. 
To  the  Senate  of  the  United  States: 

I  have  received  from  the  committee  appointed  by  the  resolution  of  the 
Senate  of  the  14th  day  of  June  a  copy  of  that  resolution,  which  authorizes 
the  committee  to  confer  with  the  President  on  the  subject  of  the  nomina- 
tion made  by  him  of  a  minister  plenipotentiary  to  Sweden. 


James  Madison  531 

Conceiving  it  to  be  my  duty  to  decline  the  proposed  conference  with 
the  committee,  and  it  being  uncertain  when  it  may  be  convenient  to 
explain  to  the  committee,  and  through  them  to  the  Senate,  the  grounds 
of  my  so  doing,  I  think  it  proper  to  address  the  explanation  directly  to 
the  Senate.  Without  entering  into  a  general  review  of  the  relations  in 
which  the  Constitution  has  placed  the  several  departments  of  the  Gov- 
ernment to  each  other,  it  will  sufl&ce  to  remark  that  the  Executive  and 
Senate,  in  the  cases  of  appointments  to  office  and  of  treaties,  are  to  be 
considered  as  independent  of  and  coordinate  with  each  other.  If  they 
agree,  the  appointments  or  treaties  are  made;  if  the  Senate  disagree, 
they  fail.  If  the  Senate  wish  information  previous  to  their  final  decision, 
the  practice,  keeping  in  view  the  constitutional  relations  of  the  Senate 
and  the  Executive,  has  been  either  to  request  the  Executive  to  furnish  it 
or  to  refer  the  subject  to  a  committee  of  their  body  to  communicate,  either 
formally  or  informally,  with  the  head  of  the  proper  department.  The 
appointment  of  a  committee  of  the  Senate  to  confer  immediately  with  the 
Executive  himself  appears  to  lose  sight  of  the  coordinate  relation  between 
the  Executive  and  the  Senate  which  the  Constitution  has  established,  and 
which  ought  therefore  to  be  maintained. 

The  relation  between  the  Senate  and  House  of  Representatives,  in 
whom  legislative  power  is  concurrently  vested,  is  sufficiently  analogous 
to  illustrate  that  between  the  Executive  and  Senate  in  making  appoint- 
ments and  treaties.  The  two  Houses  are  in  like  manner  independent  of 
and  coordinate  with  each  other,  and  the  invariable  practice  of  each  in 
appointing  committees  of  conference  and  consultation  is  to  commission 
them  to  confer  not  with  the  coordinate  body  itself,  but  with  a  committee 
of  that  body;  and  although  both  branches  of  the  Legislature  may  be  too 
numerous  to  hold  conveniently  a  conference  with  committees,  were  they 
to  be  appointed  by  either  to  confer  with  the  entire  body  of  the  other,  it 
may  be  fairly  presumed  that  if  the  whole  number  of  either  branch  were 
not  too  large  for  the  purpose  the  objection  to  such  a  conference,  being 
against  the  principle  as  derogating  from  the  coordinate  relations  of  the 
two  Houses,  would  retain  all  its  force. 

I  add  only  that  I  am  entirely  persuaded  of  the  purity  of  the  intentions 
of  the  Senate  in  the  course  they  have  pursued  on  this  occasion,  and  with 
which  my  view  of  the  subject  makes  it  my  duty  not  to  accord,  and  that 
they  will  be  cheerfully  furnished  with  all  the  suitable  information  in 
possession  of  the  Executive  in  any  mode  deemed  consistent  with  the 
principles  of  the  Constitution  and  the  settled  practice  under  it. 

JAMES  MADISON. 

Washington,  July  20,  i8ij. 
To  the  Senate  and  House  0/  Representatives  0/  the  United  States: 

There  being  sufficient  ground  to  infer  that  it  is  the  purpose  of  the 
enemy  to  combine  with  the  blockade  of  our  ports  special  licenses  to 


532  Messages  and  Papers  of  the  Presidents 

neutral  vessels  or  to  British  vessels  in  neutral  disguises,  whereby  they 
may  draw  from  our  country  the  precise  kind  and  quantity  of  exports 
essential  to  their  wants,  whilst  its  general  commerce  remains  obstructed, 
keeping  in  view  also  the  insidious  discrimination  between  the  different 
ports  of  the  United  States;  and  as  such  a  system,  if  not  counteracted, 
will  have  the  effect  of  diminishing  very  materially  the  pressure  of  the 
war  on  the  enemy,  and  encouraging  a  perseverance  in  it,  at  the  same 
time  that  it  will  leave  the  general  commerce  of  the  United  States  under 
all  the  pressure  the  enemy  can  impose,  thus  subjecting  the  whole  to 
British  regulation  in  subserviency  to  British  monopoly,  I  recommend 
to  the  consideration  of  Congress  the  expediency  of  an  immediate  and 
effectual  prohibition  of  exports  limited  to  a  convenient  day  in  their  next 
session,  and  removable  in  the  meantime  in  the  event  of  a  cessation  of 
the  blockade  of  our  ports. 

JAMES  MADISON. 


PROCLAMATION. 

[From  Niles's  Weekly  Register,  vol.  4,  p.  345.] 
A  PROCLAMATION. 

Whereas  the  Congress  of  the  United  States,  by  a  joint  resolution  of 
the  two  Houses,  have  signified  a  request  that  a  day  may  be  recommended 
to  be  observed  by  the  people  of  the  United  States  with  religious  solemnity 
as  a  day  of  public  humiliation  and  prayer;  and 

Whereas  in  times  of  pubhc  calamity  such  as  that  of  the  war  brought 
on  the  United  States  by  the  injustice  of  a  foreign  government  it  is  espe- 
cially becoming  that  the  hearts  of  all  should  be  touched  with  the  same 
and  the  eyes  of  all  be  turned  to  that  Almighty  Power  in  whose  hand  are 
the  welfare  and  the  destiny  of  nations: 

I  do  therefore  issue  this  my  proclamation,  recommending  to  all  who 
shall  be  piously  disposed  to  unite  their  hearts  and  voices  in  addressing 
at  one  and  the  same  time  their  vows  and  adorations  to  the  Great  Parent 
and  Sovereign  of  the  Universe  that  they  assemble  on  the  second  Thurs- 
day of  September  next  in  their  respective  religious  congregations  to  ren- 
der Him  thanks  for  the  many  blessings  He  has  bestowed  on  the  people 
of  the  United  States;  that  He  has  blessed  them  with  a  land  capable  of 
yielding  all  the  necessaries  and  requisites  of  human  life,  with  ample  means 
for  convenient  exchanges  with  foreign  countries;  that  He  has  blessed  the 
labors  employed  in  its  cultivation  and  improvement;  that  He  is  now  bless- 
ing the  exertions  to  extend  and  establish  the  arts  and  manufactures  which 
will  secure  within  ourselves  supplies  too  important  to  remain  dependent 
on  the  precarious  policy  or  the  peaceable  dispositions  of  other  nations, 
and  particularly  that  He  has  blessed  the  United  States  with  a  political 
Constitution  founded  on  the  will  and  authority  of  the  whole  people  and 


James  Madison  533 

guaranteeing  to  each  individual  security,  not  only  of  his  person  and 
his  property,  but  of  those  sacred  rights  of  conscience  so  essential  to  his 
present  happiness  and  so  dear  to  his  future  hopes;  that  with  those  ex- 
pressions of  devout  thankfulness  be  joined  supplications  to  the  same 
Almighty  Power  that  He  would  look  down  with  compassion  on  our  in- 
firmities; that  He  would  pardon  our  manifold  transgressions  and  awaken 
and  strengthen  in  all  the  wholesome  purposes  of  repentance  and  amend- 
ment; that  in  this  season  of  trial  and  calamity  He  would  preside  in  a 
particular  manner  over  our  public  councils  and  inspire  all  citizens  with  a 
love  of  their  country  and  with  those  fraternal  affections  and  that  mutual 
confidence  which  have  so  happy  a  tendency  to  make  us  safe  at  home  and 
respected  abroad;  and  that  as  He  was  graciously  pleased  heretofore  to 
smile  on  our  struggles  against  the  attempts  of  the  Government  of  the 
Empire  of  which  these  States  then  made  a  part  to  wrest  from  them  the 
rights  and  .privileges  to  which  they  were  entitled  in  common  with  every 
other  part  and  to  raise  them  to  the  station  of  an  independent  and  sov- 
ereign people,  so  He  would  now  be  pleased  in  like  manner  to  bestow 
His  blessing  on  our  arms  in  resisting  the  hostile  and  persevering  efforts 
of  the  same  power  to  degrade  us  on  the  ocean,  the  common  inheritance 
of  all,  from  rights  and  immunities  belonging  and  essential  to  the  Amer- 
ican people  as  a  coequal  member  of  the  great  community  of  independent 
nations;  and  that,  inspiring  our  enemies  with  moderation,  with  justice, 
and  with  that  spirit  of  reasonable  accommodation  which  otu-  country  has 
continued  to  manifest,  we  may  be  enabled  to  beat  our  swords  into  plow- 
shares and  to  enjoy  in  peace  every  man  the  fruits  of  his  honest  industry 
and  the  rewards  of  his  lawful  enterprise. 

If  the  public  homage  of  a  people  can  ever  be  worthy  the  favorable 
regard  of  the  Holy  and  Omniscient  Being  to  whom  it  is  addressed,  it  must 
be  that  in  which  those  who  join  in  it  are  guided  only  by  their  free  choice, 
by  the  impulse  of  their  hearts  and  the  dictates  of  their  consciences;  and 
such  a  spectacle  must  be  interesting  to  all  Christian  nations  as  proving 
that  religion,  that  gift  of  Heaven  for  the  good  of  man,  freed  from  all  coer- 
cive edicts,  from  that  unhallowed  connection  with  the  powers  of  this 
world  which  corrupts  religion  into  an  instrument  or  an  usurper  of  the 
policy  of  the  state,  and  making  no  appeal  but  to  reason,  to  the  heart, 
and  to  the  conscience,  can  spread  its  benign  influence  everjnvhere  and 
can  attract  to  the  divine  altar  those  freewill  offerings  of  humble  suppli- 
cation, thanksgiving,  and  praise  which  alone  can  be  acceptable  to  Him 
whom  no  hypocrisy  can  deceive  and  no  forced  sacrifices  propitiate. 

Upon  these  principles  and  with  these  views  the  good  people  of  the 
United  States  are  invited,  in  conformity  with  the  resolution  aforesaid,  to 
dedicate  the  day  above  named  to  the  reUgious  solemnities  therein  recom- 
mended. 

Given  at  Washington,  this  23d  day  of  July,  A.  D.  18 13. 

[seal.]  JAMES  MADISON. 


534  Messages  and  Papers  of  the  Presidents 


FIFTH  ANNUAL  MESSAGE. 

Washington,  December  y,  i8ij. 
Fellow- Citizens  of  the  Senate  and  of  the  House  of  Rept'eseyitatives: 

In  meeting  you  at  the  present  interesting  conjuncture  it  would  have 
been  highly  satisfactory  if  I  could  have  communicated  a  favorable  result 
to  the  mission  charged  with  negotiations  for  restoring  peace.  It  was  a 
just  expectation,  from  the  respect  due  to  the  distinguished  Sovereign  who 
had  invited  them  by  his  offer  of  mediation,  from  the  readiness  with  which 
the  invitation  was  accepted  on  the  part  of  the  United  States,  and  from 
the  pledge  to  be  found  in  an  act  of  their  I^egislature  for  the  liberality 
which  their  plenipotentiaries  would  carry  into  the  negotiations,  that  no 
time  would  be  lost  by  the  British  Government  in  embracing  the  experi- 
ment for  hastening  a  stop  to  the  effusion  of  blood.  A  prompt  and  cordial 
acceptance  of  the  mediation  on  that  side  was  the  less  to  be  doubted,  as  it 
was  of  a  nature  not  to  submit  rights  or  pretensions  on  either  side  to  the 
decision  of  an  umpire,  but  to  afford  merely  an  opportunity,  honorable  and 
desirable  to  both,  for  discussing  and,  if  possible,  adjusting  them  for  the 
interest  of  both. 

The  British  cabinet,  either  mistaking  our  desire  of  peace  for  a  dread 
of  British  power  or  misled  by  other  fallacious  calculations,  has  disap- 
pointed this  reasonable  anticipation.  No  communications  from  our  en- 
voys having  reached  us,  no  information  on  the  subject  has  been  received 
from  that  source;  but  it  is  known  that  the  mediation  was  declined  in 
the  first  instance,  and  there  is  no  evidence,  notwithstanding  the  lapse  of 
time,  that  a  change  of  disposition  in  the  British  councils  has  taken  place 
or  is  to  be  expected. 

Under  such  circumstances  a  nation  proud  of  its  rights  and  conscious 
of  its  strength  has  no  choice  but  an  exertion  of  the  one  in  support  of  the 
other. 

To  this  determination  the  best  encouragement  is  derived  from  the  suc- 
cess with  which  it  has  pleased  the  Almighty  to  bless  our  arms  both  on 
the  land- and  on  the  water. 

Whilst  proofs  have  been  continued  of  the  enterprise  and  skill  of  our 
cruisers,  public  and  private,  on  the  ocean,  and  a  new  trophy  gained  in 
the  capture  of  a  British  by  an  American  vessel  of  war,  after  an  action 
giving  celebrity  to  the  name  of  the  victorious  commander,  the  great 
inland  waters  on  which  the  enemy  were  also  to  be  encountered  have 
presented  achievements  of  our  naval  arms  as  brilliant  in  their  character 
as  they  have  been  important  in  their  consequences. 

On  Lake  Erie,  the  squadron  under  command  of  Captain  Perry  having 
met  the  British  squadron  of  superior  force,  a  sanguinary  conflict  ended  in 
the  capture  of  the  whole.     The  conduct  of  that  ofl&cer,  adroit  as  it  was 


James  Madison  535 

daring,  and  which  was  so  well  seconded  by  his  comrades,  justly  entitles 
them  to  the  admiration  and  gratitude  of  their  country,  and  will  fill  an 
early  page  in  its  naval  annals  with  a  victory  never  surpassed  in  luster, 
however  much  it  may  have  been  in  magnitude. 

On  Lake  Ontario  the  caution  of  the  British  commander,  favored  by 
contingencies,  frustrated  the  efforts  of  the  American  commander  to  bring 
on  a  decisive  action.  Captain  Chauncey  was  able,  however,  to  establish 
an  ascendency  on  that  important  theater,  and  to  prove  by  the  manner 
in  which  he  effected  everything  possible  that  opportunities  only  were 
wanted  for  a  more  shining  display  of  his  own  talents  and  the  gallantry 
of  those  under  his  command. 

The  success  on  Lake  Erie  having  opened  a  passage  to  the  territory  of 
the  enemy,  the  officer  commanding  the  Northwestern  army  transferred  the 
war  thither,  and  rapidly  pursuing  the  hostile  troops,  fleeing  with  their 
savage  associates,  forced  a  general  action,  which  quickly  terminated  in 
the  capture  of  the  British  and  dispersion  of  the  savage  force. 

This  result  is  signally  honorable  to  Major-General  Harrison,  by  whose 
military  talents  it  was  prepared;  to  Colonel  Johnson  and  his  mounted 
volunteers,  whose  impetuous  onset  gave  a  decisive  blow  to  the  ranks  of 
the  enemy,  and  to  the  spirit  of  the  volunteer  militia,  equally  brave  and 
patriotic,  who  bore  an  interesting  part  in  the  scene;  more  especially  to 
the  chief  magistrate  of  Kentucky,  at  the  head  of  them,  whose  heroism 
signalized  in  the  war  which  established  the  independence  of  his  country, 
sought  at  an  advanced  age  a  share  in  hardships  and  battles  for  maintain- 
ing its  rights  and  its  safety. 

The  effect  of  these  successes  has  been  to  rescue  the  inhabitants  of 
Michigan  from  their  oppressions,  aggravated  by  gross  infractions  of  the 
capitulation  which  subjected  them  to  a  foreign  power;  to  alienate  the 
savages  of  numerous  tribes  from  the  enemy,  by  whom  they  were  disap- 
pointed and  abandoned,  and  to  relieve  an  extensive  region  of  country 
from  a  merciless  warfare  which  desolated  its  frontiers  and  imposed  on  its 
citizens  the  most  harassing  services. 

In  consequence  of  our  naval  superiority  on  Lake  Ontario  and  the 
opportunity  afforded  by  it  for  concentrating  our  forces  by  water,  opera- 
tions which  had  been  provisionally  planned  were  set  on  foot  against  the 
possessions  of  the  enemy  on  the  St.  Lawrence.  Such,  however,  was  the 
delay  produced  in  the  first  instance  by  adverse  weather  of  unusual  vio- 
lence and  continuance  and  such  the  circumstances  attending  the  final 
movements  of  the  army,  that  the  prospect,  at  one  time  so  favorable,  was 
not  realized. 

The  cruelty  of  the  enemy  in  enlisting  the  savages  into  a  war  with  a 
nation  desirous  of  mutual  emulation  in  mitigating  its  calamities  has  not 
been  confined  to  any  one  quarter.  Wherever  they  could  be  turned  against 
us  no  exertions  to  effect  it  have  been  spared.  On  our  southwestern 
border  the  Creek  tribes,  who,  yielding  to  our  persevering  endeavors,  were 


536  Messages  and  Papers  of  the  Presidents 

gradually  acquiring  more  civilized  habits,  became  the  unfortunate  victims 
of  seduction.  A  war  in  that  quarter  has  been  the  consequence,  infuri- 
ated h>'  a  bloody  fanaticism  recently  propagated  among  them.  It  was 
necessary  to  crush  such  a  war  before  it  could  spread  among  the  contigu- 
ous tribes  and  before  it  could  favor  enterprises  of  the  enemy  into  that 
vicinity.  With  this  view  a  force  was  called  into  the  service  of  the  United 
States  from  the  States  of  Georgia  and  Tennessee,  which,  with  the  nearest 
regular  troops  and  other  corps  from  the  Mississippi  Territor>%  might  not 
only  chastise  the  savages  into  present  peace  but  make  a  lasting  impres- 
sion on  their  fears. 

The  progress  of  the  expedition,  as  far  as  is  yet  known,  corresponds 
with  the  martial  zeal  with  which  it  was  espoused,  and  the  best  hopes  of 
a  satisfactory  issue  are  authorized  by  the  complete  success  with  which  a 
well-planned  enterprise  was  executed  against  a  body  of  hostile  savages 
by  a  detachment  of  the  volunteer  militia  of  Tennessee,  under  the  gallant 
command  of  General  CofiFee,  and  by  a  still  more  important  victory  over 
a  larger  bod}'  of  them,  gained  under  the  immediate  command  of  Major- 
General  Jackson,  an  ofi&cer  equally  distinguished  for  his  patriotism  and 
his  military  talents. 

The  systematic  perseverance  of  the  enemy  in  courting  the  aid  of  the 
savages  in  all  quarters  had  the  natural  effect  of  kindling  their  ordinary 
propensity  to  war  into  a  passion,  which,  even  among  those  best  disposed 
toward  the  United  States,  was  ready,  if  not  employed  on  our  side,  to  be 
turned  against  us.  A  departure  from  our  protracted  forbearance  to 
accept  the  services  tendered  by  them  has  thus  been  forced  upon  us.  But 
in  yielding  to  it  the  retaliation  has  been  mitigated  as  much  as  possible, 
both  in  its  extent  and  in  its  character,  stopping  far  short  of  the  example 
of  the  enemy,  who  owe  the  advantages  they  have  occasionally  gained  in 
battle  chiefly  to  the  number  of  their  savage  associates,  and  who  have 
not  controlled  them  either  from  their  usual  practice  of  indiscriminate 
massacre  on  defenseless  inhabitants  or  from  scenes  of  carnage  without 
a  parallel  on  prisoners  to  the  British  arms,  guarded  by  all  the  laws  of 
humanity  and  of  honorable  war.  For  these  enormities  the  enemy  are 
equally  responsible,  whether  with  the  power  to  prevent  them  they  want 
the  will  or  with  the  knowledge  of  a  want  of  power  they  still  avail  them- 
selves of  such  instruments. 

In  other  respects  the  enemy  are  pursuing  a  course  which  threatens 
consequences  most  afflicting  to  humanity. 

A  standing  law  of  Great  Britain  naturalizes,  as  is  well  known,  all 
aliens  complying  with  conditions  limited  to  a  shorter  period  than  those 
required  by  the  United  States,  and  naturalized  subjects  are  in  war  em- 
ployed by  her  Government  in  common  with  native  subjects.  In  a  con- 
tiguous British  Province  regulations  promulgated  since  the  commence- 
ment of  the  war  compel  citizens  of  the  United  States  being  there  under 
certain  circumstances  to  bear  arms,  whilst  of  the  native  emigrants  from 


James  Madison  537 

the  United  States,  who  compose  much  of  the  population  of  the  Province,  a 
number  have  actually  borne  arms  against  the  United  States  within  their 
limits,  some  of  whom,  after  having  done  so,  have  become  prisoners  of 
war,  and  are  now  in  our  possession.  The  British  commander  in  that 
Province,  nevertheless,  with  the  sanction,  as  appears,  of  his  Government, 
thought  proper  to  select  from  American  prisoners  of  war  and  send  to 
Great  Britain  for  trial  as  criminals  a  number  of  individuals  who  had 
emigrated  from  the  British  dominions  long  prior  to  the  state  of  war 
between  the  two  nations,  who  had  incorporated  themselves  into  our 
political  society  in  the  modes  recognized  by  the  law  and  the  practice  of 
Great  Britain,  and  who  were  made  prisoners  of  war  under  the  banners  of 
their  adopted  country,  fighting  for  its  rights  and  its  safety. 

The  protection  due  to  these  citizens  requiring  an  effectual  interposi- 
tion in  their  behalf,  a  like  number  of  British  prisoners  of  war  were  put 
into  confinement,  with  a  notification  that  they  would  experience  what- 
ever violence  might  be  committed  on  the  American  prisoners  of  war  sent 
to  Great  Britain. 

It  was  hoped  that  this  necessary  consequence  of  the  step  unadvisedly 
taken  on  the  part  of  Great  Britain  would  have  led  her  Government  to 
reflect  on  the  inconsistencies  of  its  conduct,  and  that  a  sympathy  with 
the  British,  if  not  with  the  American,  sufferers  would  have  arrested  the 
cruel  career  opened  by  its  example. 

This  was  unhappily  not  the  case.  In  violation  both  of  consistency  and 
of  humanity,  American  officers  and  noncommissioned  officers  in  double 
the  number  of  the  British  soldiers  confined  here  were  ordered  into  close 
confinement,  with  formal  notice  that  in  the  event  of  a  retaliation  for  the 
death  which  might  be  inflicted  on  the  prisoners  of  war  sent  to  Great 
Britain  for  trial  the  officers  so  confined  would  be  put  to  death  also.  It 
was  notified  at  the  same  time  that  the  commanders  of  the  British  fleets 
and  armies  on  our  coasts  are  instructed  in  the  same  event  to  proceed  with 
a  destructive  severity  against  our  towns  and  their  inhabitants. 

That  no  doubt  might  be  left  with  the  enemy  of  our  adherence  to  the 
retaliatory  resort  imposed  on  us,  a  correspondent  number  of  British  ofl5- 
cers,  prisoners  of  war  in  our  hands,  were  immediately  put  into  close  con- 
finement to  abide  the  fate  of  those  confined  by  the  enemy,  and  the  British 
Government  has  been  apprised  of  the  determination  of  this  Government 
to  retaliate  any  other  proceedings  against  us  contrary  to  the  legitimate 
modes  of  warfare. 

It  is  as  fortunate  for  the  United  States  that  they  have  it  in  their  power 
to  meet  the  enemy  in  this  deplorable  contest  as  it  is  honorable  to  them 
that  they  do  not  join  in  it  but  under  the  most  imperious  obligations,  and 
with  the  humane  purpose  of  effectuating  a  return  to  the  established  usages 
of  war. 

The  views  of  the  French  Government  on  the  subjects  which  have  been 
so  long  committed  to  negotiation  have  received  no  elucidation  since  the 


538  Messages  and  Papers  of  the  Presidents 

close  of  your  late  session.  The  minister  plenipotentiary  of  the  United 
States  at  Paris  had  not  been  enabled  by  proper  opportunities  to  press  the 
objects  of  his  mission  as  prescribed  by  his  instructions. 

The  militia  being  always  to  be  regarded  as  the  great  bulwark  of  de- 
fense and  security  for  free  states,  and  the  Constitution  having  wisely 
committed  to  the  national  authority  a  use  of  that  force  as  the  best  pro- 
vision against  an  unsafe  military  establishment,  as  well  as  a  resource 
peculiarly  adapted  to  a  country  having  the  extent  and  the  exposure  of 
the  United  States,  I  recommend  to  Congress  a  revision  of  the  militia 
laws  for  the  purpose  of  securing  more  effectually  the  services  of  all  de- 
tachments called  into  the  employment  and  placed  tmder  the  Govern- 
ment of  the  United  States. 

It  will  deserve  the  consideration  of  Congress  also  whether  among 
other  improvements  in  the  militia  laws  justice  does  not  require  a  regu- 
lation, under  due  precautions,  for  defraying  the  expense  incident  to  the 
first  assembling  as  well  as  the  subsequent  movements  of  detachments 
called  into  the  national  service. 

To  give  to  our  vessels  of  war,  public  and  private,  the  requisite  advan- 
tage in  their  cruises,  it  is  of  much  importance  that  they  should  have, 
both  for  themselves  and  their  prizes,  the  use  of  the  ports  and  markets  of 
friendly  powers.  With  this  view,  I  recommend  to  Congress  the  expe- 
diency of  such  legal  provisions  as  may  supply  the  defects  or  remove  the 
doubts  of  the  Executive  authority,  to  allow  to  the  cruisers  of  other 
powers  at  war  with  enemies  of  the  United  States  such  use  of  the  Ameri- 
can ports  as  may  correspond  with  the  privileges  allowed  by  such  powers 
to  American  cruisers. 

During  the  year  ending  on  the  30th  of  September  last  the  receipts  into 
the  Treasury  have  exceeded  $37,500,000,  of  which  near  twenty-four  mil- 
lions were  the  produce  of  loans.  After  meeting  all  demands  for  the  pub- 
lic service  there  remained  in  the  Treasury  on  that  day  near  $7,000,000. 
Under  the  authority  contained  in  the  act  of  the  2d  of  August  last  for  bor- 
rowing $7,500,000,  that  sum  has  been  obtained  on  terms  more  favorable 
to  the  United  States  than  those  of  the  preceding  loan  made  during  the 
present  year.  Further  sums  to  a  considerable  amount  will  be  necessary 
to  be  obtained  in  the  same  way  during  the  ensuing  year,  and  from  the 
increased  capital  of  the  country,  from  the  fidelity  with  which  the  public 
engagements  have  been  kept  and  the  public  credit  maintained,  it  may  be 
expected  on  good  grounds  that  the  necessary  pecuniary  supplies  will  not 
be  wanting. 

The  expenses  of  the  cturent  year,  from  the  multiplied  operations  fall- 
ing within  it,  have  necessarily  been  extensive;  but  on  a  just  estimate 
of  the  campaign  in  which  the  mass  of  them  has  been  incurred  the  cost 
will  not  be  found  disproportionate  to  the  advantages  which  have  been 
gained.  The  campaign  has,  indeed,  in  its  latter  stages  in  one  quarter 
been  less  favorable  than  was  expected,  but  in  addition  to  the  importance 


James  Madison  539 

of  our  naval  success  the  progress  of  the  campaign  has  been  filled  with 
incidents  highly  honorable  to  the  American  arms. 

The  attacks  of  the  enemy  on  Craney  Island,  on  Fort  Meigs,  on  Sack- 
etts  Harbor,  and  on  Sandusky  have  been  vigorously  and  successfully 
repulsed;  nor  have  they  in  any  case  succeeded  on  either  frontier  excepting 
when  directed  against  the  peaceable  dwellings  of  individuals  or  villages 
unprepared  or  undefended. 

On  the  other  hand,  the  movements  of  the  American  Army  have  been 
followed  by  the  reduction  of  York,  and  of  Forts  George,  Erie,  and  Mai- 
den; by  the  recovery  of  Detroit  and  the  extinction  of  the  Indian  war  in 
the  West,  and  by  the  occupancy  or  command  of  a  large  portion  of  Upper 
Canada.  Battles  have  also  been  fought  on  the  borders  of  the  St.  Law- 
rence, which,  though  not  accomplishing  their  entire  objects,  reflect  honor 
on  the  discipline  and  prowess  of  our  soldiery,  the  best  auguries  of  even- 
tual victory.  In  the  same  scale  are  to  be  placed  the  late  successes  in  the 
South  over  one  of  the  most  powerful,  which  had  become  one  of  the  most 
hostile  also,  of  the  Indian  tribes. 

It  would  be  improper  to  close  this  communication  without  expressing 
a  thankfulness  in  which  all  ought  to  unite  for  the  numerous  blessings 
with  which  our  beloved  country  continues  to  be  favored;  for  the  abun- 
dance which  overspreads  our  land,  and  the  prevailing  health  of  its  inhab- 
itants; for  the  preservation  of  our  internal  tranquillity,  and  the  stability 
of  our  free  institutions,  and,  above  all,  for  the  light  of  divine  truth  and 
the  protection  of  every  man's  conscience  in  the  enjoyment  of  it.  And 
although  among  our  blessings  we  can  not  number  an  exemption  from  the 
evils  of  war,  yet  these  -VYih  never  be  regarded  as  the  greatest  of  evils  by 
the  friends  of  liberty  and  of  the  rights  of  nations.  Our  country  has  before 
preferred  them  to  the  degraded  condition  which  was  the  alternative  when 
the  sword  was  drawn  in  the  cause  which  gave  birth  to  our  national  inde- 
pendence, and  none  who  contemplate  the  magnitude  and  feel  the  value 
of  that  glorious  event  will  shrink  from  a  struggle  to  maintain  the  high 
and  happy  ground  on  which  it  placed  the  American  people. 

With  all  good  citi^^ens  the  justice  and  necessity  of  resisting  ^vrongs 
and  usurpations  no  longer  to  be  borne  will  suflSciently  outweigh  the 
privations  and  sacrifices  inseparable  from  a  state  of  war.  But  it  is  a 
reflection,  moreover,  peculiarly  consoling,  that,  whilst  wars  are  generally 
aggravated  by  their  baneful  effects  on  the  internal  improvements  and 
permanent  prosperity  of  the  nations  engaged  in  them,  such  is  the  favored 
situation  of  the  United  States  that  the  calamities  of  the  contest  into 
which  they  have  been  compelled  to  enter  are  mitigated  by  improvements 
and  advantages  of  which  the  contest  itself  is  the  source. 

If  the  war  has  increased  the  interruptions  of  our  commerce,  it  has  at 
the  same  time  cherished  and  multiplied  our  manufactures  so  as  to  make 
us  independent  of  all  other  countries  for  the  more  essential  branches  for 
which  we  ought  to  be  dependent  on  none,  and  is  even  rapidly  giving 


540  Messages  and  Papers  of  the  Presidents 

them  an  extent  which  will  create  additional  staples  in  our  future  inter- 
course with  foreign  markets. 

If  much  treasure  has  been  expended,  no  inconsiderable  portion  of  it 
has  been  applied  to  objects  durable  in  their  value  and  necessary  to  our 
permanent  safety. 

If  the  war  has  exposed  us  to  increased  spoliations  on  the  ocean  and  to 
predatory  incursions  on  the  land,  it  has  developed  the  national  means  of 
retaliating  the  former  and  of  providing  protection  against  the  latter, 
demonstrating  to  all  that  every  blow  aimed  at  our  maritime  independence 
is  an  impulse  accelerating  the  growth  of  our  maritime  power. 

By  diffusing  through  the  mass  of  the  nation  the  elements  of  military 
discipline  and  instruction ;  by  augmenting  and  distributing  warlike  prep- 
arations applicable  to  future  use;  by  evincing  the  zeal  and  valor  with 
which  they  will  be  employed  and  the  cheerfulness  with  which  every 
necessary  burden  will  be  borne,  a  greater  respect  for  our  rights  and  a 
longer  duration  of  our  future  peace  are  promised  than  could  be  expected 
without  these  proofs  of  the  national  character  and  resources. 

The  war  has  proved  moreover  that  our  free  Government,  like  other 
free  governments,  though  slow  in  its  early  movements,  acquires  in  its 
progress  a  force  proportioned  to  its  freedom,  and  that  the  union  of  these 
States,  the  guardian  of  the  freedom  and  safety  of  all  and  of  each,  is 
strengthened  by  every  occasion  that  puts  it  to  the  test. 

In  fine,  the  war,  with  all  its  vicissitudes,  is  illustrating  the  capacity 
and  the  destiny  of  the  United  States  to  be  a  great,  a  flourishing,  and  a 
powerful  nation,  worthy  of  the  friendship  which  it  is  disposed  to  culti- 
vate with  all  others,  and  authorized  by  its  own  example  to  require  from 
all  an  observance  of  the  laws  of  justice  and  reciprocity.  Beyond  these 
their  claims  have  never  extended,  and  in  contending  for  these  we  behold 
a  subject  for  our  congratulations  in  the  daily  testimonies  of  increasing 
harmony  throughout  the  nation,  and  may  humbly  repose  our  trust  in 
the  smiles  of  Heaven  on  so  righteous  a  cause. 

JAMES  MADISON. 


SPECIAL  MESSAGES. 

December  9,  18 13. 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

The  tendency  of  our  commercial  and  navigation  laws  in  their  present 
state  to  favor  the  enemy  and  thereby  prolong  the  war  is  more  and  more 
developed  by  experience.  Supplies  of  the  most  essential  kinds  find  their 
way  not  only  to  British  ports  and  British  armies  at  a  distance,  but  the 
armies  in  our  neighborhood  with  which  our  own  are  contending  derive 


James  Madison  541 

from  our  ports  and  outlets  a  subsistence  attainable  with  difl&culty,  if  at  all, 
from  other  sources.  Even  the  fleets  and  troops  infesting  our  coasts  and 
waters  are  by  like  supplies  accommodated  and  encouraged  in  their  pred- 
atory and  incursive  warfare. 

Abuses  having  a  like  tendency  take  place  in  our  import  trade.  British 
fabrics  and  products  find  their  way  into  our  ports  under  the  name  and 
from  the  ports  of  other  countries,  and  often  in  British  vessels  disguised  as 
neutrals  by  false  colors  and  papers. 

To  these  abuses  it  may  be  added  that  illegal  importations  are  openly 
made  with  advantage  to  the  violators  of  the  law,  produced  by  under- 
valuations or  other  circumstances  involved  in  the  course  of  the  judicial 
proceedings  against  them. 

It  is  found  also  that  the  practice  of  ransoming  is  a  cover  for  collusive 
captures  and  a  channel  for  intelligence  advantageous  to  the  enemy. 

To  remedy  as  much  as  possible  these  evils,  I  recommend: 

That  an  effectual  embargo  on  exports  be  immediately  enacted. 

That  all  articles  known  to  be  derived,  either  not  at  all  or  in  any  imma- 
terial degree  only,  from  the  productions  of  any  other  country  than  Great 
Britain,  and  particularly  the  extensive  articles  made  of  wool  and  cotton 
materials,  and  ardent  spirits  made  from  the  cane,  be  expressly  and  abso- 
lutely prohibited,  from  whatever  port  or  place  or  in  whatever  vessels  the 
same  may  be  brought  into  the  United  States,  and  that  all  violations  of 
the  nonimportation  act  be  subjected  to  adequate  penalties. 

That  among  the  proofs  of  the  neutral  and  national  character  of  foreign 
vessels  it  be  required  that  the  masters  and  supercargoes  and  three-fourths 
at  least  of  the  crews  be  citizens  or  subjects  of  the  country  under  whose 
flag  the  vessels  sail. 

That  all  persons  concerned  in  collusive  captures  by  the  enemy  or  in 
ransoming  vessels  or  their  cargoes  from  the  enemy  be  subjected  to  ade- 
quate penalties. 

To  shorten  as  much  as  possible  the  duration  of  the  war  it  is  indispen- 
sable that  the  enemy  should  feel  all  the  pressure  that  can  be  given  to 
it,  and  the  restraints  having  that  tendency  will  be  borne  with  the  greater 
cheerfulness  by  all  good  citizens,  as  the  restraints  will  affect  those  most 
who  are  most  ready  to  sacrifice  the  interest  of  their  country  in  pursuit 
of  their  own. 

JAMES  MADISON. 


January  6,  18 14. 
To  the  Seriate  and  House  of  Representatives  of  the  United  States: 

I  transmit,  for  the  information  of  Congress,  copies  of  a  letter  from  the 
British  secretary  of  state  for  foreign  affairs  to  the  Secretary  of  State, 
with  the  answer  of  the  latter. 

In  appreciating  the  accepted  proposal  of  the  Government  of  Great 


542  Messages  and  Papers  of  the  Presidents 

Britain  for  instituting  negotiations  for  peace  Congress  will  not  fail  to 
keep  in  mind  that  vigorous  preparations  for  carr>'ing  on  the  war  can  in 
no  respect  impede  the  progress  to  a  favorable  result,  whilst  a  relaxation 
of  such  preparations,  should  the  wishes  of  the  United  States  for  a  speedy 
restoration  of  the  blessings  of  peace  be  disappointed,  w^ould  necessarily 
have  the  most  injurious  consequences. 

JAME3  MADISON. 


February  2^,  18 14. 
To  the  Sc7iate  and  House  of  Representatives  of  the  United  States: 

It  has  appeared  that  at  the  recovery  of  the  Michigan  Territory  from 
the  temporary  possession  of  the  enemy  the  inhabitants  thereof  were  left 
in  so  destitute  and  distressed  a  condition  as  to  require  from  the  public 
stores  certain  supphes  essential  to  their  subsistence,  which  have  been  pro- 
longed under  the  same  necessity  which  called  for  them. 

The  deplorable  situation  of  the  savages  thrown  by  the  same  event  on 
the  mercy  and  humanity  of  the  American  commander  at  Detroit  drew 
from  the  same  source  the  means  of  saving  them  from  perishing  by  fam- 
ine, and  in  other  places  the  appeals  made  by  the  wants  and  sufferings  of 
that  unhappy  description  of  people  have  been  equally  imperious. 

The  necessity  imposed  by  the  conduct  of  the  enemy  in  relation  to  the 
savages  of  admitting  their  cooperation  in  some  instances  with  our  arms 
has  also  involved  occasional  expense  in  supplying  their  wants,  and  it  is 
possible  that  a  perseverance  of  the  enemy  in  their  cruel  policy  may  render 
a  further  expense  for  the  like  purpose  inevitable. 

On  these  subjects  an  estimate  from  the  Department  of  War  will  be  laid 
before  Congress,  and  I  recommend  a  suitable  provision  for  them. 

JAMES  MADISON. 

March  31,  18 14. 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

Taking  into  view  the  mutual  interests  which  the  United  States  and 
the  foreign  nations  in  amity  with  them  have  in  a  liberal  commercial 
intercourse,  and  the  extensive  changes  favorable  thereto  which  have 
recently  taken  place;  taking  into  view  also  the  important  advantages 
which  may  otherwise  result  from  adapting  the  state  of  our  commercial 
laws  to  the  circumstances  now  existing,  I  recommend  to  the  considera- 
tion of  Congress  the  expediency  of  authorizing,  after  a  certain  day,  expor- 
tations,  specie  excepted,  from  the  United  States  in  vessels  of  the  United 
States  and  in  vessels  owned  and  navigated  by  the  subjects  of  powers  at 
peace  with  them,  and  a  repeal  of  so  much  of  our  laws  as  prohibits  the 
imj)ortation  of  articles  not  the  prop>erty  of  enemies,  but  produced  or 
manufactured  only  within  their  dominions. 


James  Madison  543 

I  recommend  also,  as  a  more  effectual  safeguard  and  encouragement 
to  our  growing  manufactures,  that  the  additional  duties  on  imports  which 
are  to  expire  at  the  end  of  one  year  after  a  peace  with  Great  Britain  be 
prolonged  to  the  end  of  two  years  after  that  event,  and  that,  in  favor  of 
our  moneyed  institutions,  the  exportation  of  specie  be  prohibited  through- 
out  the  same  period.  ^^^^  MADISON. 


PROCLAMATIONS. 

[From  Niles's  Weekly  Register,  vol.  6,  p.  279.] 

By  thb  President  op  the  United  States  of  America, 
a  proclamation. 

Whereas  information  has  been  received  that  a  number  of  individuals 
who  have  deserted  from  the  Army  of  the  United  States  have  become 
sensible  of  their  offenses  and  are  desirous  of  returning  to  their  duty, 
a  full  pardon  is  hereby  granted  and  proclaimed  to  each  and  all  such 
individuals  as  shall  within  three  months  from  the  date  hereof  surrender 
themselves  to  the  commanding  officer  of  any  military  post  within  the 
United  States  or  the  Territories  thereof. 

In  testimony  whereof  I  have  caused  the  seal  of  the  United  States  to  be 
affixed  to  these  presents,  and  signed  the  same  with  my  hand, 
r  -1         Done  at  the  city  of  Washington,  the  17th  day  of  June,  A.  D. 

18 14,  and  of  the  Independence  of  the  United  States  the  thirty- 

^^^^*^-  JAMES  MADISON. 

By  the  President: 

James  Monroe, 

Secretary  of  State. 

By  the  President  of  the  United  States  of  America, 
a  proclamation. 

Whereas  it  is  manifest  that  the  blockade  which  has  been  proclaimed 
by  the  enemy  of  the  whole  Atlantic  coast  of  the  United  States,  nearly 
2,000  miles  in  extent,  and  abounding  in  ports,  harbors,  and  navigable 
inlets,  can  not  be  carried  into  effect  by  any  adequate  force  actually  sta- 
tioned for  the  purpose,  and  it  is  rendered  a  matter  of  certainty  and  noto- 
riety by  the  multiplied  and  daily  arrivals  and  departures  of  the  public 
and  private  armed  vessels  of  the  United  States  and  of  other  vessels  that 
no  such  adequate  force  has  been  so  stationed;  and 

Whereas  a  blockade  thus  destitute  of  the  character  of  a  regular  and 
legal  blockade  as  defined  and  recognized  by  the  established  law  of  na- 
tions, whatever  other  purposes  it  may  be  made  to  answer,  forms  no  lawful 


544  Messages  and  Papers  of  the  Presidents 

prohibition  or  obstacle  to  such  neutral  and  friendly  vessels  as  may  choose 
to  visit  and  trade  with  the  United  States;  and 

Whereas  it  accords  with  the  interest  and  the  amicable  views  of  the 
United  States  to  favor  and  promote  as  far  as  may  be  the  free  and  mu- 
tually beneficial  commercial  intercourse  of  all  friendly  nations  disposed 
to  engage  therein,  and  with  that  view  to  afford  to  their  vessels  destined 
to  the  United  States  a  more  positive  and  satisfactory  security  against  all 
interruptions,  molestations,  or  vexations  whatever  from  the  cruisers  of 
the  United  States: 

Now  be  it  known  that  I,  James  Madison,  President  of  the  United  States 
of  America,  do  by  this  my  proclamation  strictly  order  and  instruct  all  the 
public  armed  vessels  of  the  United  States  and  all  private  armed  vessels 
commissioned  as  privateers  or  with  letters  of  marque  and  reprisal  not 
to  interrupt,  detain,  or  otherwise  molest  or  vex  any  vessels  whatever  be- 
longing to  neutral  powers  or  the  subjects  or  citizens  thereof,  which  ves- 
sels shall  be  actually  bound  and  proceeding  to  any  port  or  place  within 
the  jurisdiction  of  the  United  States,  but,  on  the  contrary,  to  render  to  all 
such  vessels  all  the  aid  and  kind  offices  which  they  may  need  or  require. 

Given  under  my  hand  and  the  seal  of  the  United  States  at  the  city  of 
Washington,  the  29th  day  of  June,  A,  D.  18 14,  and  of  the 
L         '-'     Independence  of  the  United  States  the  thirty-eighth. 

By  the  President:  JAMES  MADISON. 

Jamijs  Monrok, 

Secretary  of  State. 

[From  Annals  of  Congress,  Thirteenth  Congress,  vol.  3,  9.] 

By  the  President  of  the  United  States  of  America, 
a  proclamation. 

Whereas  great  and  weighty  matters  claiming  the  consideration  of  the 
Congress  of  the  United  States  form  an  extraordinary  occasion  for  con- 
vening them,  I  do  by  these  presents  appoint  Monday,  the  19th  day  of 
September  next,  for  their  meeting  at  the  city  of  Washington,  hereby 
requiring  the  respective  Senators  and  Representatives  then  and  there  to 
assemble  in  Congress,  in  order  to  receive  such  communications  as  may 
then  be  made  to  them  and  to  consult  and  determine  on  such  measures  as 
in  their  wisdom  may  be  deemed  meet  for  the  welfare  of  the  United  States. 

In  testimony  whereof  I  have  caused  the  seal  of  the  United  States  to  be 
hereunto  affixed,  and  signed  the  same  with  my  hand. 
r  -]         Done  at  the  city  of  Washington,  the  8th  day  of  August,  A.  D. 

1 8 14,  and  of  the  Independence  of  the  United  States  the  thirty- 

"^^^^-  JAMES  MADISON. 

By  the  President: 

James  Monroe, 

Secretary  of  State. 


James  Madison  545 

[From  Niles's  Weekly  Register,  vol.  7,  p.  2.] 

By  the;  President  of  the  United  States  of  America. 

A  PROCLAMATION. 

Whereas  the  enemy  by  a  sudden  incursion  have  succeeded  in  invad- 
ing the  capital  of  the  nation,  defended  at  the  moment  by  troops  less 
numerous  than  their  own  and  almost  entirely  of  the  militia,  during  their 
possession  of  which,  though  for  a  single  day  only,  they  wantonly  de- 
stroyed the  public  edifices,  having  no  relation  in  their  structure  to  oper- 
ations of  war  nor  used  at  the  time  for  military  annoyance,  some  of  these 
edifices  being  also  costly  monuments  of  taste  and  of  the  arts,  and  others 
depositories  of  the  pubHc  archives,  not  only  precious  to  the  nation  as  the 
memorials  of  its  origin  and  its  early  transactions,  but  interesting  to  all 
nations  as  contributions  to  the  general  stock  of  historical  instruction  and 
political  science;  and 

Whereas  advantage  has  been  taken  of  the  loss  of  a  fort  more  immedi- 
ately guarding  the  neighboring  town  of  Alexandria  to  place  the  town 
within  the  range  of  a  naval  force  too  long  and  too  much  in  the  habit 
of  abusing  its  superiority  wherever  it  can  be  applied  to  require  as  the 
alternative  of  a  general  conflagration  an  undisturbed  plunder  of  private 
property,  which  has  been  executed  in  a  manner  peculiarly  distressing  to 
the  inhabitants,  who  had  inconsiderately  cast  themselves  upon  the  justice 
and  generosity  of  the  victor;  and 

Whereas  it  now  appears  by  a  direct  communication  from  the  British 
commander  on  the  American  station  to  be  his  avowed  purpose  to  employ 
the  force  under  his  direction  ' '  in  destroying  and  laying  waste  such  towns 
and  districts  upon  the  coast  as  may  be  found  assailable,"  adding  to  this 
declaration  the  insulting  pretext  that  it  is  in  retaliation  for  a  wanton  de- 
struction committed  by  the  army  of  the  United  States  in  Upper  Canada, 
when  it  is  notorious  that  no  destruction  has  been  committed,  which,  not- 
withstanding the  multiplied  outrages  previously  committed  by  the  enemy 
was  not  unauthorized,  and  promptly  shown  to  be  so,  and  that  the  United 
States  have  been  as  constant  in  their  endeavors  to  reclaim  the  enemy 
from  such  outrages  by  the  contrast  of  their  own  example  as  they  have 
been  ready  to  terminate  on  reasonable  conditions  the  war  itself;  and 

Whereas  these  proceedings  and  declared  purposes,  which  exhibit  a 
deliberate  disregard  of  the  principles  of  humanity  and  the  rules  of  civ- 
ilized warfare,  and  which  must  give  to  the  existing  war  a  character  of 
extended  devastation  and  barbarism  at  the  very  moment  of  negotiations 
for  peace,  invited  by  the  enemy  himself,  leave  no  prospect  of  safety  to 
anything  within  the  reach  of  his  predatory  and  incendiary  operations 
but  in  manful  and  universal  determination  to  chastise  and  expel  the 
invader: 

Now,  therefore,  I,  James  Madison,  President  of  the  United  States,  do 
M  P — voi<  I — 35 


546  Messages  and  Papers  of  the  Presidents 

issue  this  my  proclamation,  exhorting  all  the  good  people  thereof  to 
unite  their  hearts  and  hands  in  giving  effect  to  the  ample  means  pos- 
sessed for  that  purpose.  I  enjoin  it  on  all  officers,  civil  and  military,  to 
exert  themselves  in  executing  the  duties  with  which  they  are  respec- 
tively charged;  and  more  especially  I  require  the  officers  commanding 
the  respective  military  districts  to  be  vigilant  and  alert  in  providing  for 
the  defense  thereof,  for  the  more  effectual  accomplishment  of  which  they 
are  authorized  to  call  to  the  defense  of  exposed  and  threatened  places 
portions  of  the  militia  most  convenient  thereto,  whether  they  be  or  be 
not  parts  of  the  quotas  detached  for  the  service  of  the  United  States 
under  requisitions  of  the  General  Government. 

On  an  occasion  which  appeals  so  forcibly  to  the  proud  feelings  and 
patriotic  devotion  of  the  American  people  none  will  forget  what  they 
owe  to  themselves,  what  they  owe  to  their  country  and  the  high  des- 
tinies which  await  it,  what  to  the  glory  acquired  by  their  fathers  in 
establishing  the  independence  which  is  now  to  be  maintained  by  their 
sons  with  the  augmented  strength  and  resources  with  which  time  and 
Heaven  had  blessed  them. 

In  testimony  whereof  I  have  hereunto  set  my  hand  and  caused  the 
seal  of  the  United  States  to  be  affixed  to  these  presents. 
Done  at  the  city  of  Washington,  the  ist  day  of  September, 
[seal.]     ^   jj    jgj^^  ^^^  ^^  ^^^  Independence  of  the  United  States  the 

thirty-ninth. 

JAMES  MADISON. . 
By  the  President: 

Jamss  Monroe, 

Secretary  of  State. 


SPECIAL  MESSAGE. 

Washington,  September  77,  1814.. 
The  President  of  the  Senate  of  the  United  States. 

Sir:  The  destruction  of  the  Capitol  by  the  enemy  having  made  it  nec- 
essary that  other  accommodations  should  be  provided  for  the  meeting 
of  Congress,  chambers  for  the  Senate  and  for  the  House  of  Representa- 
tives, with  other  requisite  apartments,  have  been  fitted  up,  under  the 
direction  of  the  superintendent  of  the  city,  in  the  pubhc  building  here- 
tofore allotted  for  the  post  and  other  pubhc  offices. 

With  this  information,  be  pleased,  sir,  to  accept  assurances  of  my  great 
respect  and  consideration. 

JAMES  MADISON. 


James  Madison  547 

SIXTH  ANNUAL  MESSAGE. 

Washington,  September  20,  18 14. 
Fellow- Citizens  of  the  Senate  and  of  the  House  of  Represe^itatives: 

Notwithstanding  the  early  day  which  had  been  fixed  for  your  session 
of  the  present  year,  I  was  induced  to  call  you  together  still  sooner,  as  well 
that  any  inadequacy  in  the  existing  provisions  for  the  wants  of  the  Treas- 
ury might  be  supplied  as  that  no  delay  might  happen  in  providing  for  the 
result  of  the  negotiations  on  foot  with  Great  Britain,  whether  it  should 
require  arrangements  adapted  to  a  return  of  peace  or  further  and  more 
effective  provisions  for  prosecuting  the  war. 

That  result  is  not  yet  known.  If,  on  the  one  hand,  the  repeal  of  the 
orders  in  council  and  the  general  pacification  in  Europe,  which  withdrew 
the  occasion  on  which  impressments  from  American  vessels  were  prac- 
ticed, suggest  expectations  that  peace  and  amity  may  be  reestablished,  we 
are  compelled,  on  the  other  hand,  by  the  refusal  of  the  British  Govern- 
ment to  accept  the  offered  mediation  of  the  Emperor  of  Russia,  by  the 
delays  in  giving  effect  to  its  own  proposal  of  a  direct  negotiation,  and, 
above  all,  by  the  principles  and  manner  in  which  the  war  is  now  avow- 
edly carried  on  to  infer  that  a  spirit  of  hostility  is  indulged  more  violent 
than  ever  against  the  rights  and  prosperity  of  this  country. 

This  increased  violence  is  best  explained  by  the  two  important  circum- 
stances that  the  great  contest  in  Europe  for  an  equilibrium  guaranteeing 
all  its  States  against  the  ambition  of  any  has  been  closed  without  any 
check  on  the  overbearing  power  of  Great  Britain  on  the  ocean,  and  it 
has  left  in  her  hands  disposable  armaments,  with  which,  forgetting  the 
difficulties  of  a  remote  war  with  a  free  people,  and  yielding  to  the  intoxi- 
cation of  success,  with  the  example  of  a  great  victim  to  it  before  her 
eyes,  she  cherishes  hopes  of  still  further  aggrandizing  a  power  already 
formidable  in  its  abuses  to  the  tranquillity  of  the  civilized  and  commer- 
cial world. 

But  whatever  may  have  inspired  the  enemy  with  these  more  violent 
purposes,  the  public  councils  of  a  nation  more  able  to  maintain  than  it 
was  to  acquire  its  independence,  and  with  a  devotion  to  it  rendered  more 
ardent  by  the  experience  of  its  blessings,  can  never  deliberate  but  on  the 
means  most  effectual  for  defeating  the  extravagant  views  or  unwarrant- 
able passions  with  which  alone  the  war  can  now  be  pursued  against  us. 

In  the  events  of  the  present  campaign  the  enemy,  with  all  his  aug- 
mented means  and  wanton  use  of  them,  has  little  ground  for  exultation, 
unless  he  can  feel  it  in  the  success  of  his  recent  enterprises  against  this 
metropolis  and  the  neighboring  town  of  Alexandria,  from  both  of  which 
his  retreats  were  as  precipitate  as  his  attempts  were  bold  and  fortunate. 
In  his  other  incursions  on  our  Atlantic  frontier  his  progress,  often  checked 


548  Messages  and  Papers  of  the  Presidents 

and  chastised  by  the  martial  spirit  of  the  neighboring  citizens,  has  had 
more  effect  in  distressing  individuals  and  in  dishonoring  his  arms  than 
in  promoting  any  object  of  legitimate  warfare;  and  in  the  two  instances 
mentioned,  however  deeply  to  be  regretted  on  our  part,  he  will  find  in 
his  transient  success,  which  interrupted  for  a  moment  only  the  ordinary 
public  business  at  the  seat  of  Government,  no  compensation  for  the  loss 
of  character  with  the  world  by  his  violations  of  private  property  and  by 
his  destruction  of  public  edifices  protected  as  monuments  of  the  arts  by 
the  laws  of  civilized  warfare. 

On  our  side  we  can  appeal  to  a  series  of  achievements  which  have 
given  new  luster  to  the  American  arms.  Besides  the  brilliant  incidents 
in  the  minor  operations  of  the  campaign,  the  splendid  victories  gained  on 
the  Canadian  side  of  the  Niagara  by  the  American  forces  under  Major- 
General  Brown  and  Brigadiers  Scott  and  Gaines  have  gained  for  these 
heroes  and  their  emulating  companions  the  most  unfading  laurels,  and, 
having  triumphantly  tested  the  progressive  discipline  of  the  American 
soldiery,  have  taught  the  enemy  that  the  longer  he  protracts  his  hostile 
efforts  the  more  certain  and  decisive  will  be  his  final  discomfiture. 

On  our  southern  border  victory  has  continued  also  to  follow  the 
American  standard.  The  bold  and  skillful  operations  of  Major- General 
Jackson,  conducting  troops  drawn  from  the  militia  of  the  States  least 
distant,  particularly  of  Tennessee,  have  subdued  the  principal  tribes  of 
hostile  savages,  and,  by  establishing  a  peace  with  them,  preceded  by 
recent  and  exemplary  chastisement,  has  best  guarded  against  the  mis- 
chief of  their  cooperation  with  the  British  enterprises  which  may  be 
planned  against  that  quarter  of  our  country.  Important  tribes  of  Indians 
on  our  northwestern  frontier  have  also  acceded  to  stipulations  which 
bind  them  to  the  interests  of  the  United  States  and  to  consider  our 
enemy  as  theirs  also. 

In  the  recent  attempt  of  the  enemy  on  the  city  of  Baltimore,  defended 
by  militia  and  volunteers,  aided  by  a  small  body  of  regulars  and  seamen, 
he  was  received  with  a  spirit  which  produced  a  rapid  retreat  to  his  ships, 
whilst  a  concurrent  attack  by  a  large  fleet  was  successfully  resisted  by 
the  steady  and  well-directed  fire  of  the  fort  and  batteries  opposed  to  it. 

In  another  recent  attack  by  a  powerful  force  on  our  troops  at  Platts- 
burg,  of  which  regulars  made  a  part  only,  the  enemy,  after  a  perseverance 
for  many  hours,  was  finally  compelled  to  seek  safety  in  a  hasty  retreat, 
with  our  gallant  bands  pressing  upon  him. 

On  the  Lakes,  so  much  contested  throughout  the  war,  the  great  exer- 
tions for  the  command  made  on  our  part  have  been  well  repaid.  On 
Lake  Ontario  our  squadron  is  now  and  has  been  for  some  time  in  a  con- 
dition to  confine  that  of  the  enemy  to  his  own  port,  and  to  favor  the 
operations  of  our  land  forces  on  that  frontier. 

A  part  of  the  squadron  on  Lake  Erie  has  been  extended  into  Lake 
Huron,  and  has  produced  the  advantage  of  displaying  our  command  on 


James  Madison  549 

that  lake  also.  One  object  of  the  expedition  was  the  reduction  of  Macki- 
naw, which  failed  with  the  loss  of  a  few  brave  men,  among  whom  was 
an  officer  justly  distinguished  for  his  gallant  exploits.  The  expedition, 
ably  conducted  by  both  the  land  and  the  naval  commanders,  was  other- 
wise highly  valuable  in  its  effects. 

On  Lake  Champlain,  where  our  superiority  had  for  some  time  l)een 
undisputed,  the  British  squadron  lately  came  into  action  with  the  Ameri- 
can, commanded  by  Captain  Macdonough,  It  issued  in  the  capture  of 
the  whole  of  the  enemy's  ships.  The  best  praise  for  this  officer  and  his 
intrepid  comrades  is  in  the  likeness  of  his  triumph  to  the  illustrious  victor>' 
which  immortalized  another  officer  and  established  at  a  critical  moment 
our  command  of  another  lake. 

On  the  ocean  the  pride  of  our  naval  arms  had  been  amply  supported. 
A  second  frigate  has  indeed  fallen  into  the  hands  of  the  enemy,  but  the 
loss  is  hidden  in  the  blaze  of  heroism  with  which  she  was  defended. 
Captain  Porter,  who  commanded  her,  and  whose  previous  career  had 
been  distinguished  by  daring  enterprise  and  by  fertility  of  genius,  main- 
tained a  sanguinary  contest  against  two  ships,  one  of  them  superior  to 
his  own,  and  under  other  severe  disadvantages,  till  humanity  tore  down 
the  colors  which  valor  had  nailed  to  the  mast.  This  officer  and  his  brave 
comrades  have  added  much  to  the  rising  glory  of  the  American  flag,  and 
have  merited  all  the  effusions  of  gratitude  which  their  country  is  ever 
ready  to  bestow  on  the  champions  of  its  rights  and  of  its.  safety. 

Two  smaller  vessels  of  war  have  also  become  prizes  to  the  enemy,  but 
by  a  superiority  of  force  which  sufficiently  vindicates  the  reputation  of 
their  commanders,  whilst  two  others,  one  commanded  by  Captain  War- 
rington, the  other  by  Captain  Blakely,  have  captured  British  ships  of  the 
same  class  with  a  gallantry  and  good  conduct  which  entitle  them  and 
their  companions  to  a  just  share  in  the  praise  of  their  country. 

In  spite  of  the  naval  force  of  the  enemy  accumulated  on  our  coasts,  our 
private  cruisers  also  have  not  ceased  to  annoy  his  commerce  and  to  bring 
their  rich  prizes  into  our  ports,  contributing  thus,  with  other  proofs,  to 
demonstrate  the  incompetency  and  illegality  of  a  blockade  the  procla- 
mation of  which  is  made  the  pretext  for  vexing  and  discouraging  the 
commerce  of  neutral  powers  with  the  United  States. 

To  meet  the  extended  and  diversified  warfare  adopted  by  the  enemy, 
great  bodies  of  militia  have  been  taken  into  service  for  the  public  defense, 
and  great  expenses  incurred.  That  the  defense  everywhere  may  be  both 
more  convenient  and  more  economical.  Congress  will  see  the  necessity  of 
immediate  measures  for  filling  the  ranks  of  the  Regular  Army  and  of 
enlarging  the  provision  for  special  corps,  mounted  and  unmounted,  to  be 
engaged  for  longer  periods  of  ser\nce  than  are  due  from  the  miUtia.  I 
earnestly  renew,  at  the  same  time,  a  recommendation  of  such  changes  in 
the  system  of  the  militia  as,  by  classing  and  disciplining  for  the  most 
prompt  and  active  service  the  portions  most  capable  of  it,  will  give  to 


550  Messages  and  Papers  of  the  Presidents 

that  great  resource  for  the  public  safety  all  the  requisite  energy  and 
efficiency. 

The  monej^s  received  into  the  Treasury  during  the  nine  months  end- 
ing on  the  30th  day  of  June  last  amounted  to  $32,000,000,  of  which  near 
eleven  millions  were  the  proceeds  of  the  public  revenue  and  the  remain- 
der derived  from  loans.  The  disbursements  for  public  expenditures  dur- 
ing the  same  period  exceeded  $34,000,000,  and  left  in  the  Treasury  on  the 
ist  day  of  July  near  $5,000,000.  The  demands  during  the  remainder  of 
the  present  year  already  authorized  by  Congress  and  the  expenses  inci- 
dent to  an  extension  of  the  operations  of  the  war  will  render  it  necessary 
that  large  sums  should  be  provided  to  meet  them. 

From  this  view  of  the  national  affairs  Congress  will  be  urged  to  take 
up  without  delay  as  well  the  subject  of  pecuniary  supplies  as  that  of 
military  force,  and  on  a  scale  commensurate  with  the  ejttent  and  the 
character  which  the  war  has  assumed.  It  is  not  to  be  disguised  that  the 
situation  of  our  country  calls  for  its  greatest  efforts.  Our  enemy  is  pow- 
erful in  men  and  in  money,  on  the  land  and  on  the  water.  Availing 
himself  of  fortuitous  advantages,  he  is  aiming  with  his  undivided  force 
a  deadly  blow  at  our  growing  prosperity,  perhaps  at  our  national  exist- 
ence. He  has  avowed  his  purpose  of  trampling  on  the  usages  of  civilized 
warfare,  and  given  earnests  of  it  in  the  plunder  and  wanton  destruction 
of  private  property.  In  his  pride  of  maritime  dominion  and  in  his  thirst 
of  commercial  monopoly  he  strikes  with  peculiar  animosity  at  the  prog- 
ress of  our  navigation  and  of  our  manufactures.  His  barbarous  policy  has 
not  even  spared  those  monuments  of  the  arts  and  models  of  taste  with 
which  our  country  had  enriched  and  embelhshed  its  infant  metropolis. 
From  such  an  adversary  hostility  in  its  greatest  force  and  in  its  worst 
forms  may  be  looked  for.  The  American  people  will  face  it  with  the 
undaunted  spirit  which  in  their  revolutionary  struggle  defeated  his  un- 
righteous projects.  His  threats  and  his  barbarities,  instead  of  dismay, 
will  kindle  in  every  bosom  an  indignation  not  to  be  extinguished  but 
in  the  disaster  and  expulsion  of  such  cruel  invaders.  In  providing  the 
means  necessary  the  National  Legislature  will  not  distrust  the  heroic 
and  enlightened  patriotism  of  its  constituents.  They  will  cheerfully  and 
proudly  bear  every  burden  of  every  kind  which  the  safety  and  honor  of 
the  nation  demand.  We  have  seen  them  everywhere  paying  their  taxes, 
direct  and  indirect,  with  the  greatest  promptness  and  alacrity.  We  see 
them  rushing  with  enthusiasm  to  the  scenes  where  danger  and  duty  call. 
In  offering  their  blood  they  give  the  surest  pledge  that  no  other  tribute 
will  be  withheld. 

Having  forborne  to  declare  war  until  to  other  aggressions  had  been 
added  the  capture  of  nearly  a  thousand  American  vessels  and  the  impress- 
ment of  thousands  of  American  seafaring  citizens,  and  until  a  final  decla- 
ration had  been  made  by  the  Government  of  Great  Britain  that  her  hostile 
orders  against  our  commerce  would  not  be  revoked  but  on  conditions  as 


James  Madison  551 

impossible  as  unjust,  whilst  it  was  known  that  these  orders  would  not 
otherwise  cease  but  with  a  war  which  had  lasted  nearly  twenty  years, 
and  which,  according  to  appearances  at  that  time,  might  last  as  many 
more;  having  manifested  on  every  occasion  and  in  every  proper  mode  a 
sincere  desire  to  arrest  the  effusion  of  blood  and  meet  our  enemy  on  the 
ground  of  justice  and  reconciliation,  our  beloved  country,  in  still  oppos- 
ing to  his  persevering  hostility  all  its  energies,  with  an  undiminished 
disposition  toward  peace  and  friendship  on  honorable  terms,  must  carry 
with  it  the  good  wishes  of  the  impartial  world  and  the  best  hopes  of 
support  from  an  omnipotent  and  kind  Providence. 

JAMES  MADISON. 


SPECIAL  MESSAGES. 

September  26,  18 14. 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

I  transmit  to  Congress,  for  their  information,  copies  of  a  letter  from 
Admiral  Cochrane,  commanding  His  Britannic  Majesty's  naval  forces  on 
the  American  station,  to  the  Secretary  of  State,  with  his  answer,  and  of 
a  reply  from  Admiral  Cochrane. 

JAMES  MADISON. 


"Washington,  October  10,  18 14. 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

I  lay  before  Congress  communications  just  received  from  the  pleni- 
potentiaries of  the  United  States  charged  with  negotiating  peace  with 
Great  Britain,  showing  the  conditions  on  which  alone  that  Government 
is  willing  to  put  an  end  to  the  war. 

The  instructions  to  those  plenipotentiaries,  disclosing  the  grounds  on 
which  they  were  authorized  to  negotiate  and  conclude  a  treaty  of  peace, 
will  be  the  subject  of  another  communication. 

JAMES  MADISON. 


Washington,  October  ij,  1S14., 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

I  now  transmit  to  Congress  copies  of  the  instructions  to  the  plenipo- 
tentiaries of  the  United  States  charged  with  negotiating  a  peace  with 
Great  Britain,  as  referred  to  in  my  message  of  the  loth  instant. 

JAMES  MADISON. 


552  Messages  and  Papers  of  ike  Presidents 

December  i,  1814. 
To  the  Senate  and  House  0/  Representatives  of  the  United  States: 

I  transmit,  for  the  information  of  Congress,  the  communications  last 
received  from  the  ministers  extraordinary  and  plenipotentiary  of  the 
United  States  at  Ghent,  explaining  the  course  and  actual  state  of  their 
negotiations  with  the  plenipotentiaries  of  Great  Britain. 

JAMES  MADISON. 


February  15,  1815. 
To  the  Senate  of  the  United  States: 

I  have  received  from  the  American  commissioners  a  treaty  of  peace 
and  amity  between  His  Britannic  Majesty  and  the  United  States  of 
America,  signed  by  those  commissioners  and  by  the  commissioners  of 
His  Britannic  Majesty  at  Ghent  on  the  24th  of  December,  18 14.  The 
termination  of  hostilities  depends  upon  the  time  of  the  ratification  of  the 
treaty  by  both  parties.  I  lose  no  time,  therefore,  in  submitting  the  treaty 
to  the  Senate  for  their  advice  and  approbation. 

I  transmit  also  a  letter  from  the  American  commissioners,  which  ac- 
companied the  treaty. 

JAMES  MADISON. 

Washington,  February  18,  1815. 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

I  lay  before  Congress  copies  of  the  treaty  of  peace  and  amity  between 
the  United  States  and  His  Britannic  Majesty,  which  was  signed  by  the 
commissioners  of  both  parties  at  Ghent  on  the  24th  of  December,  18 14, 
and  the  ratifications  of  which  have  been  duly  exchanged. 

While  performing  this  act  I  congratulate  you  and  our  constituents 
upon  an  event  which  is  highly  honorable  to  the  nation,  and  terminates 
with  peculiar  felicity  a  campaign  signalized  by  the  most  brilliant  suc- 
cesses. 

The  late  war,  although  reluctantly  declared  by  Congress,  had  become 
a  necessary  resort  to  assert  the  rights  and  independence  of  the  nation. 
It  has  been  waged  with  a  success  which  is  the  natural  result  of  the  wis- 
dom of  the  legislative  councils,  of  the  patriotism  of  the  people,  of  the  pub- 
lic spirit  of  the  militia,  and  of  the  valor  of  the  military  and  naval  forces 
of  the  country.  Peace,  at  all  times  a  blessing,  is  peculiarly  welcome, 
therefore,  at  a  period  when  the  causes  for  the  war  have  ceased  to  operate, 
when  the  Government  has  demonstrated  the  efficiency  of  its  powers  of 
defense,  and  when  the  nation  can  review  its  conduct  without  regret  and 
without  reproach. 

I  recommend  to  your  care  and  beneficence  the  gallant  men  whose 
achievements  in  every  department  of  the  military  service,  on  the  land  and 


James  Madison  553 

on  the  water,  have  so  essentially  contributed  to  the  honor  of  the  Ameri- 
can name  and  to  the  restoration  of  peace.  The  feelings  of  conscious 
patriotism  and  worth  will  animate  such  men  under  every  change  of 
fortune  and  pursuit,  but  their  country  performs  a  duty  to  itself  when  it 
bestows  those  testimonials  of  approbation  and  applause  which  are  at 
once  the  reward  and  the  incentive  to  great  actions. 

The  reduction  of  the  public  expenditures  to  the  demands  of  a  peace 
establishment  will  doubtless  engage  the  immediate  attention  of  Congress. 
There  are,  however,  important  considerations  which  forbid  a  sudden  .and 
general  revocation  of  the  measures  that  have  been  produced  by  the  war. 
Experience  has  taught  us  that  neither  the  pacific  dispositions  of  the 
American  people  nor  the  pacific  character  of  their  political  institutions 
can  altogether  exempt  them  from  that  strife  which  appears  iDeyond  the 
ordinary  lot  of  nations  to  be  incident  to  the  actual  period  of  the  world, 
and  the  same  faithful  monitor  demonstrates  that  a  certain  degree  of 
preparation  for  war  is  not  only  indispensable  to  avert  disasters  in  the 
onset,  but  affords  also  the  best  security  for  the  continuance  of  peace. 
The  wisdom  of  Congress  will  therefore,  I  am  confident,  provide  for  the 
maintenance  of  an  adequate  regular  force;  for  the  gradual  advancement 
of  the  naval  establishment;  for  improving  all  the  means  of  harbor  de- 
fense; for  adding  discipline  to  the  distinguished  bravery  of  the  militia, 
and  for  cultivating  the  military  art  in  its  essential  branches,  under  the 
liberal  patronage  of  Government. 

The  resources  of  our  country  were  at  all  times  competent  to  the  attain- 
ment of  every  national  object,  but  they  will  now  be  enriched  and  invig- 
orated by  the  activity  which  peace  will  introduce  into  all  the  scenes  of 
domestic  enterprise  and  labor.  The  provision  that  has  been  made  for 
the  public  creditors  during  the  present  session  of  Congress  must  have  a 
decisive  effect  in  the  establishment  of  the  public  credit  both  at  home  and 
abroad.  The  reviving  interests  of  commerce  will  claim  the  legislative 
attention  at  the  earliest  opportunity,  and  such  regulations  will,  I  trust, 
be  seasonably  devised  as  shall  secure  to  the  United  States  their  just  pro- 
portion of  the  navigation  of  the  world.  The  most  liberal  policy  toward 
other  nations,  if  met  by  corresponding  dispositions,  will  in  this  respect 
be  found  the  most  beneficial  policy  toward  ourselves.  But  there  is  no 
subject  that  can  enter  with  greater  force  and  merit  into  the  deliberations 
of  Congress  than  a  consideration  of  the  means  to  preserve  and  promote 
the  manufactures  which  have  sprung  into  existence  atid  attained  an 
unparalleled  maturity  throughout  the  United  States  during  the  period  of 
the  European  wars.  This  source  of  national  independence  and  wealth 
I  anxiously  recommend,  therefore,  to  the  prompt  and  constant  guardian- 
ship of  Congress. 

The  termination  of  the  legislative  sessions  will  soon  separate  you, 
fellow-citizens,  from  each  other,  and  restore  you  to  your  constituents. 
I  pray  you  to  bear  with  you  the  expressions  of  my  sanguine  hope  that 


554  Messages  and  Papers  of  the  Presidents 

the  peace  which  has  been  just  declared  will  not  only  be  the  foundation 

of  the  most  friendly  intercourse  between  the  United  States  and  Great 

Britain,  but  that  it  will  also  be  productive  of  happiness  and  harmony  in 

ever>'  section  of  our  beloved  country.     The  influence  of  your  precepts  and 

example  must  be  everywhere  powerful,  and  while  we  accord  in  grateful 

acknowledgments  for  the  protection  which  Providence  has  bestowed  upon 

us,  let  us  never  cease  to  inculcate  obedience  to  the  laws  and  fidelity  to 

the  Union  as  constituting  the  palladium  of  the  national  independence  and 

prosperity. 

JAMES  MADISON. 


Washington,  February  22,  181^. 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

I  lay  before  Congress  copies  of  two  ratified  treaties  which  were  entered 
into  on  the  part  of  the  United  States,  one  on  the  22d  day  of  July,  18 14, 
with  the  several  tribes  of  Indians  called  the  Wyandots,  Delawares,  Shaw- 
anees,  Senakas,  and  Miamies;  the  other  on  the  9th  day  of  August,  18 14, 
with  the  Creek  Nation  of  Indians. 

It  is  referred  to  the  consideration  of  Congress  how  far  legislative  pro- 
visions may  be  necessary  for  carrying  any  part  of  these  stipulations  into 

JAMES  MADISON. 


Washington,  February  2j,  181^. 
To  the  Senate  and  House  of  Represe?itatives  of  the  United  States: 

Congress  will  have  seen  by  the  communication  from  the  consul-general 
of  the  United  States  at  Algiers  laid  before  them  on  the  17th  of  Novem- 
ber, 18 1 2,  the  hostile  proceedings  of  the  Dey  against  that  functionary. 
These  have  been  followed  by  acts  of  more  overt  and  direct  warfare  against 
the  citizens  of  the  United  States  trading  in  the  Mediterranean,  some  of 
whom  are  still  detained  in  captivity,  notwithstanding  the  attempts  which 
have  been  made  to  ransom  them,  and  are  treated  with  the  rigor  usual  on 
the  coast  of  Barbary. 

The  considerations  which  rendered  it  unnecessary  and  unimportant  to 
commence  hostile  operations  on  the  part  of  the  United  States  being  now 
terminated  by  the  peace  with  Great  Britain,  which  opens  the  prospect  of 
an  active  and  valuable  trade  of  their  citizens  within  the  range  of  the 
Algerine  cruisers,  I  recommend  to  Congress  the  expediency  of  an  act 
declaring  the  existence  of  a  state  of  war  between  the  United  States  and 
the  Dey  and  Regency  of  Algiers,  and  of  such  provisions  as  may  be  requi- 
site for  a  vigorous  prosecution  of  it  to  a  successful  issue. 

JAMES  MADISON. 


James  Madison  555 

Washington,  February  25,  1815. 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

Peace  having  happily  taken  place  between  the  United  States  and  Great 
Britain,  it  is  desirable  to  guard  against  incidents  which  during  periods 
of  war  in  Europe  might  tend  to  interrupt  it,  and  it  is  believed  in  particu- 
lar that  the  navigation  of  American  vessels  exclusively  by  American  sea- 
men, either  natives  or  such  as  are  already  naturalized,  would  not  only 
conduce  to  the  attainment  of  that  object,  but  also  to  increase  the  number 
of  our  seamen ,  and  consequently  to  render  our  commerce  and  navigation 
independent  of  the  service  of  foreigners  who  might  be  recalled  by  their 
governments  under  circumstances  the  most  inconvenient  to  the  United 
States.  I  recommend  the  subject,  therefore,  to  the  consideration  of  Con- 
gress, and  in  deciding  upon  it  I  am  persuaded  that  they  will  sufficiently 
estimate  the  policy  of  manifesting  to  the  world  a  desire  on  all  occasions 
to  cultivate  harmony  with  other  nations  by  any  reasonable  accommoda- 
tions which  do  not  impair  the  enjoyment  of  any  of  the  essential  rights  of 
a  free  and  independent  people.  The  example  on  the  part  of  the  Ameri- 
can Government  will  merit  and  may  be  expected  to  receive  a  reciprocal 
attention  from  all  the  friendly  powers  of  Europe. 

JAMES  MADISON. 


VETO  MESSAGE. 

Washington, /awz^ary  JO,  181^. 
To  the  Senate  of  the  United  States: 

Having  bestowed  on  the  bill  entitled  '  'An  act  to  incorporate  the  sub- 
scribers to  the  Bank  of  the  United  States  of  America ' '  that  full  consid- 
eration which  is  due  to  the  great  importance  of  the  subject,  and  dictated 
by  the  respect  which  I  feel  for  the  two  Houses  of  Congress,  I  am  con- 
strained by  a  deep  and  solemn  conviction  that  the  bill  ought  not  to  be- 
come a  law  to  return  it  to  the  Senate,  in  which  it  originated,  with  my 
objections  to  the  same. 

Waiving  the  question  of  the  constitutional  authority  of  the  Legisla- 
ture to  establish  an  incorporated  bank  as  being  precluded  in  my  judg- 
ment by  repeated  recognitions  under  varied  circumstances  of  the  validity 
of  such  an  institution  in  acts  of  the  legislative,  executive,  and  judicial 
branches  of  the  Government,  accompanied  by  indications,  in  different 
modes,  of  a  concurrence  of  the  general  will  of  the  nation,  the  proposed 
bank  does  not  appear  to  be  calculated  to  answer  the  purposes  of  reviving 
the  public  credit,  of  providing  a  national  medium  of  circulation,  and  of 
aiding  the  Treastuy  by  facilitating  the  indispensable  anticipations  of  the 
^revenue  and  by  affording  to  the  pubhc  more  durable  loans. 

I.  The  capital  of  the  bank  is  to  be  compounded  of  specie,  of  public 


556  Messages  and  Papers  of  the  Presidents 

stock,  and  of  Treasur>'  notes  convertible  into  stock,  with  a  certain  pro- 
portion of  each  of  which  everj^  subscriber  is  to  furnish  himself. 

The  amount  of  the  stock  to  be  subscribed  will  not,  it  is  believed,  be 
sufficient  to  produce  in  favor  of  the  public  credit  any  considerable  or 
lasting  elevation  of  the  market  price,  whilst  this  may  be  occasionally  de- 
pressed by  the  bank  itself  if  it  should  carry  into  the  market  the  allowed 
prof)ortion  of  its  capital  consisting  of  public  stock  in  order  to  procure 
specie,  which  it  may  find  its  account  in  procuring  with  some  sacrifice 
on  that  part  of  its  capital. 

Nor  will  an)'  adequate  advantage  arise  to  the  public  credit  from  the 
subscription  of  Treasury  notes.  The  actual  issue  of  these  notes  nearly 
equals  at  present,  and  will  soon  exceed,  the  amount  to  be  subscribed  to 
the  bank.  The  direct  effect  of  this  operation  is  simply  to  convert  fifteen 
millions  of  Treasury  notes  into  fifteen  millions  of  6  per  cent  stock,  with 
the  collateral  effect  of  promoting  an  additional  demand  for  Treasury'  notes 
beyond  what  might  otherwise  be  negotiable. 

Public  credit  might  indeed  be  expected  to  derive  advantage  from  the 
establishment  of  a  national  bank,  without  regard  to  the  formation  of  its 
capital,  if  the  full  aid  and  cooperation  of  the  institution  were  secured  to 
the  Government  during  the  war  and  during  the  period  of  its  fiscal  embar- 
rassments. But  the  bank  proposed  will  be  free  from  all  legal  obligation 
to  cooperate  with  the  public  measures,  and  whatever  might  be  the  patri- 
otic disposition  of  its  directors  to  contribute  to  the  removal  of  those  em- 
barrassments, and  to  invigorate  the  prosecution  of  the  war,  fidelity  to 
the  pecuniary  and  general  interest  of  the  institution  according  to  their 
estimate  of  it  might  obUge  them  to  decline  a  connection  of  their  opera- 
tions with  those  of  the  National  Treasury  during  the  continuance  of  the 
war  and  the  difficulties  incident  to  it.  Temporary  sacrifices  of  interest, 
though  overbalanced  by  the  future  and  permanent  profits  of  the  charter, 
not  being  requirable  of  right  in  behalf  of  the  public,  might  not  be  gratui- 
tously made,  and  the  bank  would  reap  the  full  benefit  of  the  grant,  whilst 
the  pubHc  would  lose  the  equivalent  expected  from  it;  for  it  must  be 
kept  in  view  that  the  sole  inducement  to  such  a  grant  on  the  part  of  the 
public  would  be  the  prospect  of  substantial  aids  to  its  pecuniar>-  means 
at  the  present  crisis  and  during  the  sequel  of  the  war.  It  is  evident  that 
the  stock  of  the  bank  will  on  the  return  of  peace,  if  not  sooner,  rise  in 
the  market  to  a  value  which,  if  the  bank  were  established  in  a  period  of 
peace,  would  authorize  and  obtain  for  the  public  a  bonus  to  a  very  large 
amount.  In  lieu  of  such  a  bonus  the  Government  is  fairly  entitled  to 
and  ought  not  to  relinquish  or  risk  the  needful  services  of  the  bank  under 
the  pressing  circumstances  of  war. 

2.  The  bank  as  proposed  to  be  constituted  can  not  be  relied  on  during 
the  war  to  provide  a  circulating  medium  nor  to  furnish  loans  or  antici- 
pations of  the  public  revenue. 

Without  a  medium  the  taxes  can  not  be  collected,  and  in  the  absence 


James  Madison  557 

of  specie  the  medium  understocxi  to  be  the  best  substitute  is  that  of  notes 
issued  by  a  national  bank.  The  proposed  bank  will  commence  and  con- 
duct its  operations  under  an  obligation  to  pay  its  notes  in  specie,  or 
be  subject  to  the  loss  of  its  charter.  Without  such  an  obligation  the 
notes  of  the  bank,  though  not  exchangeable  for  specie,  yet  resting  on 
good  pledges  and  performing  the  uses  of  specie  in  the  payment  of  taxes 
and  in  other  public  transactions,  would,  as  experience  has  ascertained, 
qualify  the  bank  to  supply  at  once  a  circulating  medium  and  pecuniary 
aids  to  the  Government.  Under  the  fetters  imposed  by  the  bill  it  is 
manifest  that  during  the  actual  state  of  things,  and  probably  during  the 
war,  the  period  particularly  requiring  such  a  medium  and  such  a  resource 
for  loans  and  advances  to  the  Government,  notes  for  which  the  bank 
would  be  compellable  to  give  specie  in  exchange  could  not  be  kept  in 
circulation.  The  most  the  bank  could  effect,  and  the  most  it  could  be 
expected  to  aim  at,  would  be  to  keep  the  institution  alive  by  limited  and 
local  transactions  which,  with  the  interest  on  the  public  stock  in  the 
bank,  might  yield  a  dividend  sufficient  for  the  purpose  until  a  change 
from  war  to  peace  should  enable  it,  by  a  flow  of  specie  into  its  vaults 
and  a  removal  of  the  external  demand  for  it,  to  derive  its  contemplated 
emoluments  from  a  safe  and  full  extension  of  its  operations. 

On  the  whole,  when  it  is  considered  that  the  proposed  establishment 
will  enjoy  a  monopoly  of  the  profits  of  a  national  bank  for  a  period  of 
twenty  years;  that  the  monopolized  profits  will  be  continually  growing 
with  the  progress  of  the  national  population  and  wealth;  that  the  nation 
will  during  the  same  period  be  dependent  on  the  notes  of  the  bank  for 
that  species  of  circulating  medium  whenever  the  precious  metals  may  be 
wanted,  and  at  all  times  for  so  much  thereof  as  may  be  an  eligible  substi- 
tute for  a  specie  medium,  and  that  the  extensive  employment  of  the  notes 
in  the  collection  of  the  augmented  taxes  will,  moreover,  enable  the  bank 
greatly  to  extend  its  profitable  issues  of  them  without  the  expense  of 
specie  capital  to  support  their  circulation,  it  is  as  reasonable  as  it  is  requi- 
site that  the  Government,  in  return  for  these  extraordinary  concessions 
to  the  bank,  should  have  a  greater  security  for  attaining  the  public 
objects  of  the  institution  than  is  presented  in  the  bill,  and  particularly 
for  every  practicable  accommodation,  both  in  the  temporary  advances 
necessary  to  anticipate  the  taxes  and  in  those  more  durable  loans  which 
are  equally  necessary  to  diminish  the  resort  to  taxes. 

In  discharging  this  painful  duty  of  stating  objections  to  a  measure 
which  has  undergone  the  deliberations  and  received  the  sanction  of  the 
two  Houses  of  the  National  I,egislature  I  console  myself  with  the  reflec- 
tion that  if  they  have  not  the  weight  which  I  attach  to  them  they  can  be 
constitutionally  overruled,  and  with  a  confidence  that  in  a  contrar}--  event 
the  wisdom  of  Congress  will  hasten  to  substitute  a  more  commensurate 
and  certain  provision  for  the  public  exigencies. 

JAMES  MADISON. 


558  Messages  and  Papers  of  the  Presidents 

PROCLAMATIONS. 

By  the  President  of  the  United  States, 
a  proclamation. 

The  two  Houses  of  the  National  Legislature  having  by  a  joint  resolu- 
tion expressed  their  desire  that  in  the  present  time  of  public  calamity 
and  war  a  day  may  be  recommended  to  be  obser\'^ed  by  the  people  of  the 
United  States  as  a  day  of  public  humiliation  and  fasting  and  of  prayer 
to  Almighty  God  for  the  safety  and  welfare  of  these  States,  His  blessing 
on  their  arms,  and  a  speedy  restoration  of  peace,  I  have  deemed  it  proper 
by  this  proclamation  to  recommend  that  Thursday,  the  12th  of  January 
next,  be  set  apart  as  a  day  on  which  all  may  have  an  opportunity  of  vol- 
untarily offering  at  the  same  time  in  their  respective  religious  assem- 
blies their  humble  adoration  to  the  Great  Sovereign  of  the  Universe,  of 
confessing  their  sins  and  transgressions,  and  of  strengthening  their  vows 
of  repentance  and  amendment.  They  will  be  invited  by  the  same  solemn 
occasion  to  call  to  mind  the  distinguished  favors  conferred  on  the  Amer- 
ican people  in  the  general  health  which  has  been  enjoyed,  in  the  abun- 
dant fruits  of  the  season,  in  the  progress  of  the  arts  instrumental  to  their 
comfort,  their  prosperity,  and  their  security,  and  in  the  victories  which 
have  so  powerfully  contributed  to  the  defense  and  protection  of  our 
country,  a  devout  thankfulness  for  all  which  ought  to  be  mingled  with 
their  supplications  to  the  Beneficent  Parent  of  the  Human  Race  that  He 
would  be  graciously  pleased  to  pardon  all  their  offenses  against  Him;  to 
support  and  animate  them  in  the  discharge  of  their  respective  duties; 
to  continue  to  them  the  precious  advantages  flowing  from  political  insti- 
tutions so  auspicious  to  their  safety  against  dangers  from  abroad,  to  their 
tranquillity  at  home,  and  to  their  liberties,  civil  and  religious;  and  that 
He  would  in  a  special  manner  preside  over  the  nation  in  its  public  coun- 
cils and  constituted  authorities,  giving  wisdom  to  its  measures  and  success 
to  its  arms  in  maintaining  its  rights  and  in  overcoming  all  hostile  designs 
and  attempts  against  it;  and,  finally,  that  by  inspiring  the  enemy  with 
dispositions  favorable  to  a  just  and  reasonable  peace  its  blessings  may 
be  speedily  and  happily  restored. 

Given  at  the  city  of  Washington,  the  i6th  day  of  November,  18 14,  and 
of  the  Independence  of  the  United  States  the  thirty-eighth. 

[seal.]  JAMES  MADISON. 

By  the  President  op  the  United  States  of  America. 

a  proclamation. 

Among  the  many  evils  produced  by  the  wars  which  with  little  inter- 
mission have  afflicted  Europe  and  extended  their  ravages  into  other 


James  Madison  559 

quarters  of  the  globe  for  a  period  exceeding  twenty  years,  the  dispersion 
of  a  considerable  portion  of  the  inhabitants  of  different  countries  in  sor- 
row and  in  want  has  not  been  the  least  injurious  to  human  happiness 
nor  the  least  severe  in  the  trial  of  human  virtue. 

It  had  been  long  ascertained  that  many  foreigners,  flying  from  the 
dangers  of  their  own  home,  and  that  some  citizens,  forgetful  of  their 
duty,  had  cooperated  in  forming  an  establishment  on  the  island  of  Bar- 
rataria,  near  the  mouth  of  the  river  Mississippi,  for  the  purposes  of  a 
clandestine  and  lawless  trade.  The  Government  of  the  United  States 
caused  the  establishment  to  be  broken  up  and  destroyed,  and  having 
obtained  the  means  of  designating  the  offenders  of  every  description,  it 
only  remained  to  answer  the  demands  of  justice  by  inflicting  an  exem- 
plary punishment. 

But  it  has  since  been  represented  that  the  offenders  have  manifested  a 
sincere  penitence;  that  they  have  abandoned  the  prosecution  of  the  worse 
cause  for  the  support  of  the  best,  and  particularly  that  they  have  ex- 
hibited in  the  defense  of  New  Orleans  unequivocal  traits  of  courage  and 
fidelity.  Offenders  who  have  refused  to  become  the  associates  of  the 
enemy  in  the  war  upon  the  most  seducing  terms  of  invitation  and  who 
have  aided  to  repel  his  hostile  invasion  of  the  territory  of  the  United 
States  can  no  longer  be  considered  as  objects  of  punishment,  but  as  ob- 
jects of  a  generous  forgiveness. 

It  has  therefore  been  seen  with  great  satisfaction  that  the  general 
assembly  of  the  State  of  lyouisiana  earnestly  recommend  those  offenders 
to  the  benefit  of  a  full  pardon. 

And  in  compliance  with  that  recommendation,  as  well  as  in  considera- 
tion of  all  the  other  extraordinary  circumstances  of  the  case,  I,  James 
Madison,  President  of  the  United  States  of  America,  do  issue  this  procla- 
mation, hereby  granting,  publishing,  and  declaring  a  free  and  full  pardon 
of  all  offenses  committed  in  violation  of  any  act  or  acts  of  the  Congress 
of  the  said  United  States  touching  the  revenue,  trade,  and  navigation 
thereof  or  touching  the  intercourse  and  commerce  of  the  United  States 
with  foreign  nations  at  any  time  before  the  8th  day  of  January,  in  the 
present  year  18 15,  by  any  person  or  persons  whomsoever  being  inhab- 
itants of  New  Orleans  and  the  adjacent  country  or  being  inhabitants  of 
the  said  island  of  Barrataria  and  the  places  adjacent:  Provided,  That 
every  person  claiming  the  benefit  of  this  full  pardon  in  order  to  entitle 
himself  thereto  shall  produce  a  certificate  in  writing  from  the  governor 
of  the  State  of  Louisiana  stating  that  such  person  has  aided  in  the 
defense  of  New  Orleans  and  the  adjacent  country  during  the  invasion 
thereof  as  aforesaid. 

And  I  do  hereby  further  authorize  and  direct  all  suits,  indictments, 
and  prosecutions  for  fines,  penalties,  and  forfeitures  against  any  person 
or  persons  who  shall  be  entitled  to  the  benefit  of  this  full  pardon  forth- 
with to  be  stayed,  discontinued,  and  released;  and  all  civil  officers  are 


560  Messages  and  Papers  of  the  Presidents 

hereby  required,  according  to  the  duties  of  their  respective  stations,  to 

carry  this  proclamation  into  immediate  and  faithful  execution. 

Done  at  the  city  of  Washington,  the  6th  day  of  February,  in  the  year 

P  n      18 15,  and  of  the  Independence  of  the  United  States  the  thirty- 

LSEAL.J      ^.^^^ 

JAMES  MADISON. 
By  the  President: 

James  Monroe, 

Acting  as  Secretary  of  State. 

[From  Niles's  Weekly  Register,  vol.  7,  p.  397.] 

James  Madison,  President  of  the  United  States  of  America. 

To  all  and  singular  to  whom  these  presents  shall  come,  greeting: 

Whereas  a  treaty  of  peace  and  amity  between  the  United  States  of 
America  and  His  Britannic  Majesty  was  signed  at  Ghent  on  the  24th 
day  of  December,  18 14,  by  the  plenipotentiaries  respectively  appointed 
for  that  purpose;  and  the  said  treaty  having  been,  by  and  with  the  ad- 
vice and  consent  of  the  Senate  of  the  United  States,  duly  accepted, 
ratified,  and  confirmed  on  the  17th  day  of  February,  18 15,  and  ratified 
copies  thereof  having  been  exchanged  agreeably  to  the  tenor  of  the  said 
treaty,  which  is  in  the  words  following,  to  wit: 

[Here  follows  the  treaty.] 

Now,  therefore,  to  the  end  that  the  said  treaty  of  peace  and  amity  may 
be  observed  with  good  faith  on  the  part  of  the  United  States,  I,  James 
Madison,  President  as  aforesaid,  have  caused  the  premises  to  be  made 
public;  and  I  do  hereby  enjoin  all  persons  bearing  office,  civil  or  military, 
within  the  United  States  and  all  others  citizens  or  inhabitants  thereof 
or  being  within  the  same  faithfully  to  observe  and  fulfill  the  said  treatj' 
and  ever>'  clause  and  article  thereof. 

In  testimony  whereof  I  have  caused  the  seal  of  the  United  States  to  be 

affixed  to  these  presents,  and  signed  the  same  with  my  hand. 

|-  -|         Done  at  the  city  of  Washington,  this  i8th  day  of  February, 

A.  D.  18 15,  and  of  the  Sovereignty  and  Independence  of  the 

United  States  the  thirty-ninth. 

JAMES  MADISON. 
By  the  President: 

James  Monroe, 

Acting  Secretary  of  State. 

By  the  President  of  the  United  States  of  America. 

A  proclamation. 

The  Senate  and  House  of  Representatives  of  the  United  States  have 
by  a  joint  resolution  signified  their  desire  that  a  day  may  be  recom- 


James  Madison  561 

mended  to  be  observed  by  the  people  of  the  United  States  with  religious 
solemnity  as  a  day  of  thanksgiving  and  of  devout  acknowledgments  to 
Almighty  God  for  His  great  goodness  manifested  in  restoring  to  them 
the  blessing  of  peace. 

No  people  ought  to  feel  greater  obligations  to  celebrate  the  goodness 
of  the  Great  Disposer  of  Events  and  of  the  Destiny  of  Nations  than  the 
people  of  the  United  States.  His  kind  providence  originally  conducted 
them  to  one  of  the  best  portions  of  the  dwelling  place  allotted  for  the 
great  family  of  the  human  race.  He  protected  and  cherished  them  under 
all  the  difficulties  and  trials  to  which  they  were  exposed  in  their  early 
days.  Under  His  fostering  care  their  habits,  their  sentiments,  and  their 
pursuits  prepared  them  for  a  transition  in  due  time  to  a  state  of  inde- 
pendence and  self-government.  In  the  arduous  struggle  by  which  it 
was  attained  they  were  distinguished  by  multiplied  tokens  of  His  benign 
interposition.  During  the  interval  which  succeeded  He  reared  them 
into  the  strength  and  endowed  them  with  the  resources  which  have  ena- 
bled them  to  assert  their  national  rights  and  to  enhance  their  national 
character  in  another  arduous  conflict,  which  is  now  so  happily  termi- 
nated by  a  peace  and  reconciliation  with  those  who  have  been  our  enemies. 
And  to  the  same  Divine  Author  of  Every  Good  and  Perfect  Gift  we  are 
indebted  for  all  those  privileges  and  advantages,  religious  as  well  as  civil, 
which  are  so  richly  enjoyed  in  this  favored  land. 

It  is  for  blessings  such  as  these,  and  more  especially  for  the  restoration 
of  the  blessing  of  peace,  that  I  now  recommend  that  the  second  Thursday 
in  April  next  be  set  apart  as  a  day  on  which  the  people  of  every  reli- 
gious denomination  may  in  their  solemn  assemblies  unite  their  hearts 
and  their  voices  in  a  freewill  offering  to  their  Heavenly  Benefactor  of 
their  homage  of  thanksgiving  and  of  their  songs  of  praise. 

Given  at  the  city  of  Washington  on  the  4tli  day  of  March,  A.  D. 
r  -|      18 15,  and  of  the  Independence  of  the  United  States  the  thirty- 

^         '^     ninth. 

JAMES  MADISON. 


By  the;  President  of  the  United  States  of  America, 
a  proclamation. 

Whereas  information  has  been  received  that  sundry  persons  citizens 
of  the  United  States  or  residents  within  the  same,  and  especially  within 
the  State  of  Louisiana,  are  conspiring  together  to  begin  and  set  on  foot, 
provide,  and  prepare  the  means  for  a  military  expedition  or  enterprise 
against  the  dominions  of  Spain,  with  which  the  United  States  are  hap- 
pily at  peace;  that  for  this  purpose  they  are  collecting  arms,  military 
stores,  provisions,  vessels,  and  other  means;  are  deceiving  and  seducing 
honest  and  well-meaning  citizens  to  engage  in  their  unlawful  enterprises; 
M  P— vol,  1—36 


562  Messages  and  Papers  of  the  Presidents 

are  organizing,  officering,  and  arming  themselves  for  the  same  contrary 
to  the  laws  in  such  cases  made  and  provided: 

I  have  therefore  thought  fit  to  issue  this  my  proclamation,  warning 
and  enjoining  all  faithful  citizens  who  have  been  led  without  due  knowl- 
edge or  consideration  to  participate  in  the  said  unlawful  enterprises  to 
withdraw  from  the  same  without  delay,  and  commanding  all  persons 
whatsoever  engaged  or  concerned  in  the  same  to  cease  all  further  proceed- 
ings therein,  as  they  will  answer  the  contrary  at  their  peril.  And  I 
hereby  enjoin  and  require  all  officers,  civil  and  military,  of  the  United 
States  or  of  any  of  the  States  or  Territories,  all  judges,  justices,  and  other 
officers  of  the  peace,  all  military  officers  of  the  Army  or  Navy  of  the 
United  States,  and  officers  of  the  militia,  to  be  vigilant,  each  within  his 
respective  department  and  according  to  his  functions,  in  searching  out 
and  bringing  to  punishment  all  persons  engaged  or  concerned  in  such 
enterprises,  in  seizing  and  detaining,  subject  to  the  disposition  of  the 
law,  all  arms,  military  stores,  vessels,  or  other  means  provided  or  provid- 
ing for  the  same,  and,  in  general,  in  preventing  the  carrying  on  such  expe- 
dition or  enterprise  by  all  the  lawful  means  within  their  power.  And  I 
require  all  good  and  faithful  citizens  and  others  within  the  United  States 
to  be  aiding  and  assisting  herein,  and  especially  in  the  discovery,  appre- 
hension, and  bringing  to  justice  of  all  such  offenders,  in  preventing  the 
execution  of  their  unlawful  combinations  or  designs,  and  in  giving  infor- 
mation against  them  to  the  proper  authorities. 

In  testimony  whereof  I  have  caused  the  seal  of  the  United  States  of 
America  to  be  affixed  to  these  presents,  and  signed  the  same 
with  my  hand. 
[seal.]  Done  at  the  city  of  Washington,  the  ist  day  of  September, 
A.  D.  18 15,  and  of  the  Independence  of  the  said  United  States 
of  America  the  fortieth. 

JAMES  MADISON. 


SEVENTH  ANNUAL  MESSAGE. 

Washington,  December  5,  1815. 
Fellow- Citizens  of  the  Senate  and  of  the  House  of  Representatives: 

I  have  the  satisfaction  on  our  present  meeting  of  being  able  to  com- 
municate to  you  the  successful  termination  of  the  war  which  had  been 
commenced  against  the  United  States  by  the  Regency  of  Algiers.  The 
squadron  in  advance  on  that  ser\nce,  under  Commodore  Decatur,  lost 
not  a  moment  after  its  arrival  in  the  Mediterranean  in  seeking  the  naval 
force  of  the  enemy  then  cruising  in  that  sea,  and  succeeded  in  captur- 
ing two  of  his  ships,  one  of  them  the  principal  ship,  commanded  by  the 


James  Madison  563 

Algerine  admiral.  The  higli  character  of  the  American  commander  was 
brilHantly  sustained  on  the  occasion  which  brought  his  own  ship  into 
close  action  with  that  of  his  adversary,  as  was  the  accustomed  gallantry 
of  all  the  officers  and  men  actually  engaged.  Having  prepared  the  way 
by  this  demonstration  of  American  skill  and  prowess,  he  hastened  to  the 
port  of  Algiers,  where  peace  was  promptly  yielded  to  his  victorious  force. 
In  the  terms  stipulated  the  rights  and  honor  of  the  United  States  were 
particularly  consulted  by  a  perpetual  relinquishment  on  the  part  of  the 
Dey  of  all  pretensions  to  tribute  from  them.  The  impressions  which 
have  thus  been  made,  strengthened  as  they  will  have  been  by  subsequent 
transactions  with  the  Regencies  of  Tunis  and  of  Tripoli  by  the  appear- 
ance of  the  larger  force  which  followed  under  Commodore  Bainbridge, 
the  chief  in  command  of  the  expedition,  and  by  the  judicious  precaution- 
ary arrangements  left  by  him  in  that  quarter,  afford  a  reasonable  prospect 
of  future  security  for  the  valuable  portion,  of  our  commerce  which  passes 
within  reach  of  the  Barbary  cruisers. 

It  is  another  source  of  satisfaction  that  the  treaty  of  peace  with  Great 
Britain  has  been  succeeded  by  a  convention  on  the  subject  of  commerce 
concluded  by  the  plenipotentiaries  of  the  two  countries.  In  this  result 
a  disposition  is  manifested  on  the  part  of  that  nation  corresponding  with 
the  disposition  of  the  United  States,  which  it  may  be  hoped  will  be  im- 
proved into  liberal  arrangements  on  other  subjects  on  which  the  parties 
have  mutual  interests,  or  which  might  endanger  their  future  harmony. 
Congress  will  decide  on  the  expediency  of  promoting  such  a  sequel  by 
giving  effect  to  the  measure  of  confining  the  American  navigation  to 
American  seamen — a  measure  which,  at  the  same  time  that  it  might 
have  that  conciliatory  tendency,  would  have  the  further  advantage  of  in- 
creasing the  independence  of  our  navigation  and  the  resources  for  our 
maritime  defense. 

In  conformity  with  the  articles  in  the  treaty  of  Ghent  relating  to  the 
Indians,  as  well  as  with  a  view  to  the  tranquilhty  of  our  western  and 
northwestern  frontiers,  measures  were  taken  to  establish  an  immediate 
peace  with  the  several  tribes  who  had  been  engaged  in  hostilities  against 
the  United  States.  Such  of  them  as  were  invited  to  Detroit  acceded 
readily  to  a  renewal  of  the  former  treaties  of  friendship.  Of  the  other 
tribes  who  were  invited  to  a  station  on  the  Mississippi  the  greater  num- 
ber have  also  accepted  the  peace  offered  to  them.  The  residue,  consist- 
ing of  the  more  distant  tribes  or  parts  of  tribes,  remain  to  be  brought 
over  by  further  explanations,  or  by  such  other  means  as  may  be  adapted 
to  the  dispositions  they  may  finally  disclose. 

The  Indian  tribes  within  and  bordering  on  the  southern  frontier, 
whom  a  cruel  war  on  their  part  had  compelled  us  to  chastise  into  peace, 
have  latterl}^  shown  a  restlessness  which  has  called  for  preparatory'  meas- 
ures for  repressing  it,  and  for  protecting  the  commissioners  engaged  in 
carrying  the  terms  of  the  peace  into  execution. 


564  Messages  and  Papers  of  the  Presidents 

The  execution  of  the  act  for  fixing  the  military  peace  establishment 
has  been  attended  wdth  difl&culties  which  even  now  can  onlj'  be  overcome 
by  legislative  aid.  The  selection  of  officers,  the  payment  and  discharge 
of  the  troops  enhsted  for  the  war,  the  payment  of  the  retained  troops 
and  their  reunion  from  detached  and  distant  stations,  the  collection  and 
security  of  the  public  property  in  the  Quartermaster,  Commissary,  and 
Ordnance  departments,  and  the  constant  medical  assistance  required  in 
hospitals  and  garrisons  rendered  a  complete  execution  of  the  act  imprac- 
ticable on  the  ist  of  May,  the  period  more  immediately  contemplated. 
As  soon,  however,  as  circumstances  would  permit,  and  as  far  as  it  has 
been  practicable  consistently  with  the  public  interests,  the  reduction  of 
the  Army  has  been  accomplished;  but  the  appropriations  for  its  pay  and 
for  other  branches  of  the  military  service  having  proved  inadequate,  the 
earliest  attention  to  that  subject  will  be  necessary;  and  the  expediency 
of  continuing  upon  the  peace  establishment  the  staff  officers  who  have 
hitherto  been  provisionally  retained  is  also  recommended  to  the  consid- 
eration of  Congress. 

In  the  performance  of  the  Executive  duty  upon  this  occasion  there  has 
not  been  wanting  a  just  sensibility  to  the  merits  of  the  American  Army 
during  the  late  war;  but  the  obvious  policy  and  design  in  fixing  an 
efficient  military  peace  establishment  did  not  afford  an  opportunity  to 
distinguish  the  aged  and  infirm  on  account  of  their  past  services  nor 
the  wounded  and  disabled  on  account  of  their  present  sufferings.  The 
extent  of  the  reduction,  indeed,  unavoidably  involved  the  exclusion  of 
many  meritorious  officers  of  every  rank  from  the  service  of  their  country; 
and  so  equal  as  well  as  so  numerous  were  the  claims  to  attention  that 
a  decision  by  the  standard  of  comparative  merit  could  seldom  be  attained. 
Judged,  however,  in  candor  by  a  general  standard  of  positive  merit,  the 
Army  Register  will,  it  is  believed,  do  honor  to  the  establishment,  while 
the  case  of  those  officers  whose  names  are  not  included  in  it  devolves 
with  the  strongest  interest  upon  the  legislative  authority  for  such  pro- 
vision as  shall  be  deemed  the  best  calculated  to  give  support  and  solace 
to  the  veteran  and  the  invalid,  to  display  the  beneficence  as  well  as  the 
justice  of  the  Government,  and  to  inspire  a  martial  zeal  for  the  pubHc 
service  upon  every  future  emergency. 

Although  the  embarrassments  arising  from  the  want  of  an  uniform 
national  currency  have  not  been  diminished  since  the  adjournment  of 
Congress,  great  satisfaction  has  been  derived  in  contemplating  the  revival 
of  the  public  credit  and  the  efficiency  of  the  public  resources.  The  re- 
ceipts into  the  Treasury  from  the  various  branches  of  revenue  during 
the  nine  months  ending  on  the  30th  of  September  last  have  been  esti- 
mated at  $1 2,500,000;  the  issues  of  Treasury  notes  of  every  denomination 
during  the  same  period  amounted  to  the  sum  of  $14,000,000,  and  there 
was  also  obtained  upon  loan  during  the  same  period  a  sum  of  $9,000,000,  . 
of  which  the  sum  of  $6,000,000  was  subscribed  in  cash  and  the  sum  of 


James  Madison  565 

$3,000,000  in  Treasury  notes.  With  these  means,  added  to  the  sum  of 
$1,500,000,  being  the  balance  of  money  in  the  Treasury  on  the  ist  day 
of  January,  there  has  been  paid  between  the  ist  of  January  and  the  ist 
of  October  on  account  of  the  appropriations  of  the  preceding  and  of  the 
present  year  (exclusively  of  the  amount  of  the  Treasury  notes  subscribed 
to  the  loan  and  of  the  amount  redeemed  in  the  payment  of  duties  and 
taxes)  the  aggregate  sum  of  $33,500,000,  leaving  a  balance  then  in  the 
Treasury  estimated  at  the  sum  of  $3,000,000.  Independent,  however, 
of  the  arrearages  due  for  military  services  and  supplies,  it  is  presumed 
that  a  further  sum  of  $5,000,000,  including  the  interest  on  the  public 
debt  payable  on  the  ist  of  January  next,  will  be  demanded  at  the  Treas- 
ury to  complete  the  expenditures  of  the  present  year,  and  for  which  the 
existing  ways  and  means  will  sufficiently  provide. 

The  national  debt,  as  it  was  ascertained  on  the  ist  of  October  last, 
amounted  in  the  whole  to  the  sum  of  $1 20,000,000,  consisting  of  the  unre- 
deemed balance  of  the  debt  contracted  before  the  late  war  ($39,000,000), 
the  amount  of  the  funded  debt  contracted  in  consequence  of  the  war 
($64,000,000),  and  the  amount  of  the  unfunded  and  floating  debt,  includ- 
ing the  various  issues  of  Treasury  notes,  $1 7,000,000,  which  is  in  a  gradual 
course  of  payment.  There  will  probably  be  some  addition  to  the  public 
debt  upon  the  liquidation  of  various  claims  which  are  depending,  and 
a  conciliatory  disposition  on  the  part  of  Congress  may  lead  honorably 
and  advantageously  to  an  equitable  arrangement  of  the  militia  expenses 
incurred  by  the  several  States  without  the  previous  sanction  or  authority 
of  the  Government  of  the  United  States;  but  when  it  is  considered  that 
the  new  as  well  as  the  old  portion  of  the  debt  has  been  contracted  in  the 
assertion  of  the  national  rights  and  independence,  and  when' it  is  recol- 
lected that  the  public  expenditures,  not  being  exclusively  bestowed  upon 
subjects  of  a  transient  nature,  will  long  be  visible  in  the  number  and 
equipments  of  the  American  Navy,  in  the  military  works  for  the  defense 
of  our  harbors  and  our  frontiers,  and  in  the  supplies  of  our  arsenals  and 
magazines  the  amount  will  bear  a  gratifying  comparison  with  the  objects 
which  have  been  attained,  as  well  as  with  the  resources  of  the  country. 

The  arrangements  of  the  finances  with  a  view  to  the  receipts  and  expend- 
itures of  a  permanent  peace  establishment  will  necessarily  enter  into  the 
deliberations  of  Congress  during  the  present  session.  It  is  true  that  the 
improved  condition  of  the  public  revenue  will  not  only  afford  the  means 
of  maintaining  the  faith  of  the  Government  with  its  creditors  inviolate, 
and  of  prosecuting  successfully  the  measures  of  the  most  liberal  policy, 
but  will  also  justify  an  immediate  alleviation  of  the  burdens  imposed  by 
the  necessities  of  the  war.  It  is,  however,  essential  to  every  modification 
of  the  finances  that  the  benefits  of  an  uniform  national  currency  should  be 
restored  to  the  community.  The  absence  of  the  precious  metals  will,  it 
is  believed,  be  a  temporary  evil,  but  until  they  can  again  be  rendered  the 
general  medium  of  exchange  it  devolves  on  the  wisdom  of  Congress  to 


566  Messages  and  Papers  of  the  Presidents 

provide  a  substitute  which  shall  equally  engage  the  confidence  and  accom- 
modate the  wants  of  the  citizens  throughout  the  Union.  If  the  operation 
of  the  State  banks  can  not  produce  this  result,  the  probable  operation  of  a 
national  bank  will  merit  consideration;  and  if  neither  of  these  expedients 
be  deemed  effectual  it  may  become  necessary  to  ascertain  the  terms  upon 
which  the  notes  of  the  Government  (no  longer  required  as  an  instrument 
of  credit)  shall  be  issued  upon  motives  of  general  policy  as  a  common 
medium  of  circulation. 

Notwithstanding  the  security  for  future  repose  which  the  United 
States  ought  to  find  in  their  love  of  peace  and  their  constant  respect  for 
the  rights  of  other  nations,  the  character  of  the  times  particularly  incul- 
cates the  lesson  that,  whether  to  prevent  or  repel  danger,  we  ought  not 
to  be  unprepared  for  it.  This  consideration  will  suflSciently  recommend 
to  Congress  a  liberal  provision  for  the  immediate  extension  and  gradual 
completion  of  the  works  of  defense,  both  fixed  and  floating,  on  our  mar- 
itime frontier,  and  an  adequate  provision  for  guarding  our  inland  frontier 
against  dangers  to  which  certain  portions  of  it  may  continue  to  be  ex- 
posed. 

As  an  improvement  in  our  military  establishment,  it  wiU  deserve  the 
consideration  of  Congress  whether  a  corps  of  invahds  might  not  be  so 
organized  and  employed  as  at  once  to  aid  in  the  support  of  meritorious 
individuals  excluded  by  age  or  infirmities  from  the  existing  establish- 
ment, and  to  procure  to  the  pubhc  the  benefit  of  their  stationary  services 
and  of  their  exemplary  discipline.  I  recommend  also  an  enlargement 
of  the  Military  Academy  already  established,  and  the  establishment  of 
others  in  other  sections  of  the  Union;  and  I  can  not  press  too  much  on 
the  attention  of  Congress  such  a  classification  and  organization  of  the 
militia  as  will  most  effectually  render  it  the  safeguard  of  a  free  state.  If 
experience  has  shewn  in  the  recent  splendid  achievements  of  militia  the 
value  of  this  resource  for  the  public  defense,  it  has  shewn  also  the  im- 
portance of  that  skill  in  the  use  of  arms  and  that  famiHarity  with  the 
essential  rules  of  discipHne  which  can  not  be  expected  from  the  regula- 
tions now  in  force.  With  this  subject  is  intimately  connected  the  neces- 
sity of  accommodating  the  laws  in  every  respect  to  the  great  object  of 
enabling  the  political  authority  of  the  Union  to  employ  promptly  and 
effectually  the  physical  power  of  the  Union  in  the  cases  designated  by  the 
Constitution. 

The  signal  services  which  have  been  rendered  by  our  Navy  and  the 
capacities  it  has  developed  for  successful  cooperation  in  the  national 
defense  will  give  to  that  portion  of  the  public  force  its  full  value  in  the 
eyes  of  Congress,  at  an  epoch  which  calls  for  the  constant  vigilance  of 
all  governments.  To  preserve  the  ships  now  in  a  sound  state,  to  com- 
plete those  already  contemplated,  to  provide  amply  the  imperishable  ma- 
terials for  prompt  augmentations,  and  to  improve  the  existing  arrange- 
ments into  more  advantageous  establishments  for  the  construction,  the 


James  Madison  567 

repairs,  and  the  security  of  vessels  of  war  is  dictated  by  the  soundest 
policy. 

In  adjusting  the  duties  on  imports  to  the  object  of  revenue  the  influ- 
ence of  the  tariif  on  manufactures  will  necessarily  present  itself  for  con- 
sideration. However  wise  the  theory  may  be  which  leaves  to  the  sagacity 
and  interest  of  individuals  the  application  of  their  industry  and  resources, 
there  are  in  this  as  in  other  cases  exceptions  to  the  general  rule.  Be- 
sides the  condition  which  the  theory  itself  implies  of  a  reciprocal  adop- 
tion by  other  nations,  experience  teaches  that  so  many  circumstances 
must  concur  in  introducing  and  maturing  manufacturing  estabUshments, 
especially  of  the  more  complicated  kinds,  that  a  country  may  remain  long 
without  them,  although  sufficiently  advanced  and  in  some  respects  even 
peculiarly  fitted  for  carrying  them  on  with  success.  Under  circumstances 
giving  a  powerful  impulse  to  manufacturing  industry  it  has  made  among 
us  a  progress  and  exhibited  an  efficiency  which  justify  the  belief  that 
with  a  protection  not  more  than  is  due  to  the  enterprising  citizens  whose 
interests  are  now  at  stake  it  will  become  at  an  early  day  not  only  safe 
against  occasional  competitions  from  abroad,  but  a  source  of  domestic 
wealth  and  even  of  external  commerce.  In  selecting  the  branches  more 
especially  entitled  to  the  public  patronage  a  preference  is  obviously 
claimed  by  such  as  will  relieve  the  United  States  from  a  dependence  on 
foreign  supplies,  ever  subject  to  casual  failures,  for  articles  necessary 
for  the  public  defense  or  connected  with  the  primary  wants  of  individ- 
uals. It  will  be  an  additional  recommendation  of  particular  manufac- 
tures where  the  materials  for  them  are  extensively  drawn  from  our  agri- 
culture, and  consequently  impart  and  insure  to  that  great  fund  of  national 
prosperity  and  independence  an  encouragement  which  can  not  fail  to  be 
rewarded. 

Among  the  means  of  advancing  the  public  interest  the  occasion  is  a 
proper  one  for  recalling  the  attention  of  Congress  to  the  great  importance 
of  establishing  throughout  our  country  the  roads  and  canals  which  can 
best  be  executed  under  the  national  authority.  No  objects  within  the 
circle  of  political  economy  so  richly  repay  the  expense  bestowed  on  them; 
there  are  none  the  utility  of  which  is  more  universally  ascertained  and 
acknowledged;  none  that  do  more  honor  to  the  governments  whose  wise 
and  enlarged  patriotism  duly  appreciates  them.  Nor  is  there  any  coun- 
try which  presents  a  field  where  nature  invites  more  the  art  of  man 
to  complete  her  own  work  for  his  accommodation  and  benefit.  These 
considerations  are  strengthened,  moreover,  by  the  political  effect  of  these 
facilities  for  intercommunication  in  bringing  and  binding  more  closely 
together  the  various  parts  of  our  extended  confederacy.  Whilst  the 
States  individually,  with  a  laudable  enterprise  and  emulation,  avail  them- 
selves of  their  local  advantages;  by  new  roads,  by  navigable  canals,  and 
by  improving  the  streams  susceptible  of  navigation,  the  General  Gov- 
ernment is  the  more  urged  to  similar  undertakings,  requiring  a  national 


568  Messages  and  Papers  of  the  Presidents 

jurisdiction  and  national  means,  by  the  prospect  of  thus  systematically 
completing  so  inestimable  a  work;  and  it  is  a  happy  reflection  that  any 
defect  of  constitutional  authority  which  may  be  encountered  can  be  sup- 
phed  in  a  mode  which  the  Constitution  itself  has  providently  pointed  out. 

The  present  is  a  favorable  season  also  for  bringing  again  into  view  the 
estabhshment  of  a  national  seminary  of  learning  within  the  District  of 
Columbia,  and  with  means  drawn  from  the  property  therein,  subject  to 
the  authority  of  the  General  Government.  Such  an  institution  claims 
the  patronage  of  Congress  as  a  monument  of  their  solicitude  for  the 
advancement  of  knowledge,  without  which  the  blessings  of  liberty  can 
not  be  fully  enjoyed  or  long  preserved;  as  a  model  instructive  in  the 
formation  of  other  seminaries;  as  a  nursery  of  enlightened  preceptors,  and 
as  a  central  resort  of  youth  and  genius  from  every  part  of  their  country, 
diffusing  on  their  return  examples  of  those  national  feelings,  those  lib- 
eral sentiments,  and  those  congenial  manners  which  contribute  cement 
to  our  Union  and  strength  to  the  great  political  fabric  of  which  that  is 
the  foundation. 

In  closing  this  communication  I  ought  not  to  repress  a  sensibility,  in 
which  you  will  unite,  to  the  happy  lot  of  our  country  and  to  the  good- 
ness of  a  superintending  Providence,  to  which  we  are  indebted  for  it. 
Whilst  other  portions  of  mankind  are  laboring  under  the  distresses  of  war 
or  struggling  with  adversity  in  other  forms,  the  United  States  are  in  the 
tranquil  enjoyment  of  prosperous  and  honorable  peace.  In  reviewing  the 
scenes  through  which  it  has  been  attained  we  can  rejoice  in  the  proofs 
given  that  our  political  institutions,  founded  in  human  rights  and  framed 
for  their  preserv-ation,  are  equal  to  the  severest  trials  of  war,  as  well  as 
adapted  to  the  ordinary  periods  of  repose.  As  fruits  of  this  experience 
and  of  the  reputation  acquired  by  the  American  arms  on  the  land  and  on 
the  water,  the  nation  finds  itself  possessed  of  a  growing  respect  abroad 
and  of  a  just  confidence  in  itself,  which  are  among  the  best  pledges  for 
its  peaceful  career.  Under  other  aspects  of  our  country  the  strongest  fea- 
tures of  its  flourishing  condition  are  seen  in  a  population  rapidly  increas- 
ing on  a  territory  as  productive  as  it  is  extensive;  in  a  general  industry 
and  fertile  ingenuity  which  find  their  ample  rewards,  and  in  an  aflflu- 
ent  revenue  which  admits  a  reduction  of  the  public  burdens  without 
withdrawing  the  means  of  sustaining  the  public  credit,  of  gradually  dis- 
charging the  public  debt,  of  providing  for  the  necessary  defensive  and  pre- 
cautionary establishments,  and  of  patronizing  in  every  authorized  mode 
undertakings  conducive  to  the  aggregate  wealth  and  individual  comfort 
of  our  citizens. 

It  remains  for  the  guardians  of  the  public  welfare  to  persevere  in  that 
justice  and  good  will  toward  other  nations  which  invdte  a  return  of  these 
sentiments  toward  the  United  States;  to  cherish  institutions  which  guar- 
antee their  safety  and  their  liberties,  civil  and  religious;  and  to  combine 
with  a  liberal  system  of  foreign  commerce  an  improvement  of  the  national 


James  Madison  569 

advantages  and  a  protection  and  extension  of  the  independent  resources 
of  our  highly  favored  and  happy  country. 

In  all  measures  having  such  objects  my  faithful  cooperation  will  be 
afforded. 

JAMES  MADISON. 


SPECIAL  MESSAGES. 

Washington,  December  6,  18 15. 
To  the  Senate  of  the  United  States: 

I  lay  before  the  Senate,  for  their  consideration  and  advice  as  to  a  rati- 
fication, a  treaty  of  peace  with  the  Dey  of  Algiers  concluded  on  the  30th 
day  of  June,  18 15,  with  a  letter  relating  to  the  same  from  the  American 
commissioners  to  the  Secretary  of  State. 

JAMES  MADISON. 

December  6,  18 15. 
To  the  Senate  of  the  United  States: 

I  lay  before  the  Senate,  for  their  consideration  and  advice  as  to  a  rati- 
fication, a  convention  to  regulate  the  commerce  between  the  United  States 
and  Great  Britain,  signed  by  their  respective  plenipotentiaries  on  the  3d 
of  July  last,  with  letters  relating  to  the  same  from  the  American  plen- 
ipotentiaries to  the  Secretary  of  State,  and  also  the  declaration  with 
which  it  is  the  intention  of  the  British  Government  to  accompany  the 
exchange  of  the  ratification  of  the  convention. 

JAMES  MADISON. 

Washington,  December  6,  18 is. 
To  the  Senate  of  the  United  States: 

I  lay  before  the  Senate,  for  their  consideration  and  advice  as  to  a  rati- 
fication, treaties  which  have  been  concluded  with  the  following  Indian 
tribes,  viz:  laway  tribe,  Kickapoo  tribe,  Poutawatamie,  Siouxs  of  the 
Lakes,  Piankeshaw  tribe,  Siouxs  of  the  River  St.  Peters,  Great  and  Little 
Osage  tribes,  Yancton  tribe,  Mahas,  Fox  tribe,  Teeton,  Sac  Nation,  Kan- 
zas  tribe,  Chippewa,  Ottawa,  Potawatamie,  Shawanoe,  Wyandot,  Miami, 
Delaware,  and  Seneca. 

I  communicate  also  the  letters  from  the  commissioners  on  the  part  of 
the  United  States  relating  to  their  proceedings  on  those  occasions. 

JAMES  MADISON. 

Washington,  December  ii,  1815. 
To  the  Senate  of  the  United  States: 

I  transmit  the  original  of  the  convention  between  the  United  States 
and  Great  Britain,  as  signed  by  their  respective  plenipotentiaries,  on  the 


570  Messages  and  Papers  of  the  Presidents 

3d  day  of  July  last,  a  copy  of  wliicli  was  laid  before  the  Senate  on  the 
5th  instant. 

I  transmit  also  a  copy  of  the  late  treaty  of  peace  with  Algiers,  as  cer- 
tified by  one  of  the  commissioners  of  the  United  States,  an  ofi5ce  copy  of 
which  was  laid  before  the  Senate  on  the  5th  instant,  the  original  of  the 
treaty  not  having  been  received. 

JAMES  MADISON. 


December  23,  1815. 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

I  lay  before  Congress  copies  of  a  proclamation  notifying  the  conven- 
tion concluded  with  Great  Britain  on  the  3d  day  of  July  last,  and  that 
the  same  has  been  duly  ratified;  and  I  recommend  to  Congress  such  leg- 
islative provisions  as  the  convention  may  call  for  on  the  part  of  the 
United  States. 

JAMES  MADISON. 

January  18,  1816. 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

The  accompanying  extract  from  the  occurrences  at  Fort  Jackson  in 
August,  1814,  during  the  negotiation  of  a  treaty  with  the  Indians  shows 
that  the  friendly  Creeks,  wishing  to  give  to  General  Jackson,  Benjamin 
Hawkins,  and  others  a  national  mark  of  their  gratitude  and  regard, 
conveyed  to  them,  respectively,  a  donation  of  land,  with  a  request  that 
the  grant  might  be  duly  confirmed  by  the  Government  of  the  United 
States. 

Taking  into  consideration  the  peculiar  circumstances  of  the  case,  the 
expediency  of  indulging  the  Indians  in  wishes  which  they  associated 
with  the  treaty  signed  by  them,  and  that  the  case  involves  an  inviting 
opportunity  for  bestowing  on  an  oflScer  who  has  rendered  such  illustrious 
services  to  his  country  a  token  of  its  sensibility  to  them,  the  inducement 
to  which  can  not  be  diminished  by  the  delicacy  and  disinterestedness  of 
his  proposal  to  transfer  the  benefit  from  himself,  I  recommend  to  Con- 
gress that  provision  be  made  foi*  carrying  into  effect  the  wishes  and 
request  of  the  Indians  as  expressed  by  them. 

JAMES  MADISON. 

February  6,  18 16. 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

It  is  represented  that  the  lands  in  the  Michigan  Territory  designated 
by  law  toward  satisfying  land  bounties  promised  the  soldiers  of  the 
late  army  are  so  covered  with  swamps  and  lakes,  or  otherwise  unfit  for 
cultivation,  that  a  very  inconsiderable  proportion  can  be  applied  to  the 


James  Madison  571 

intended  grants.    I  recommend,  therefore,  that  other  lands  be  designated 
by  Congress  for  the  purpose  of  supplying  the  deficiency. 

JAMES  MADISON. 

March  5,  1816. 
To  the  Senate  of  the  United  States: 

In  compliance  with  the  resolution  of  the  Senate  of  the  2d  instant,  they 
are  informed  that  great  losses  having  been  sustained  by  citizens  of  the 
United  States  from  unjust  seizures  and  confiscations  of  their  property 
by  the  late  Government  of  Naples,  it  was  deemed  expedient  that  indem- 
nification should  be  claimed  by  a  special  mission  for  that  purpose.  The 
occasion  may  be  proper,  also,  for  securing  the  use  and  accommodations 
of  the  Neapolitan  ports,  which  may  at  any  time  be  needed  by  the  public 
ships  of  the  United  States,  and  for  obtaining  relief  for  the  American  com- 
merce from  the  disadvantageous  and  unequal  regulations  now  operating 
against  it  in  that  Kingdom. 

JAMES  MADISON. 

March  9,  1816. 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

I  lay  before  Congress  a  statement  of  the  militia  of  the  United  States 
according  to  the  latest  returns  received  by  the  Department  of  War. 

JAMES  MADISON. 

April  ii,  1816. 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

With  a  view  to  the  more  convenient  arrangement  of  the  important  and 
growing  business  connected  with  the  grant  of  exclusive  rights  to  invent- 
ors and  authors,  I  recommend  the  establishment  of  a  distinct  office  within 
the  Department  of  State  to  be  charged  therewith,  under  a  director  with 
a  salary  adequate  to  his  services,  and  with  the  privilege  of  franking  com- 
munications by  mail  from  and  to  the  office.  I  recommend  also  that  fur- 
ther restraints  be  imposed  on  the  issue  of  patents  to  wrongful  claimants, 
and  further  guards  provided  against  fraudulent  exactions  of  fees  by  per- 
sons possessed  of  patents. 

JAMES  MADISON. 

April  16,  1816. 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

I  lay  before  Congress  copies  of  a  convention  concluded  between  the 
United  States  and  the  Cherokee  Indians  on  the  2d  day  of  March  last,  as 
the  same  has  been  duly  ratified  and  proclaimed;  and  I  recommend  that 


572  Messages  and  Papers  of  the  Presidents 

such  provision  be  made  by  Congress  as  the  stipulations  therein  contained 
may  require. 

JAMES  MADISON. 


April  17,  1816. 
To  the  Senate  of  the  United  States: 

It  being  presumed  that  further  information  may  have  changed  the 
views  of  the  Senate  relative  to  the  importance  and  expediency  of  a  mis- 
sion to  Naples  for  the  purpose  of  negotiating  indemnities  to  our  citizens 
for  spoliations  committed  by  the  Neapolitan  Government,  I  nominate 
William  Pinkney,  envoy  extraordinary  and  minister  plenipotentiary  to 
Russia,  to  be  minister  plenipotentiary  to  Naples,  specially  charged  with 
that  trust. 

JAMES  MADISON. 


PROCLAMATIONS. 
By  thb  President  of  the  United  States  of  America. 

A  PROCLAMATION. 

Whereas  it  has  been  represented  that  many  uninformed  or  evil-disposed 
persons  have  taken  possession  of  or  made  a  settlement  on  the  public 
lands  of  the  United  States  which  have  not  been  previously  sold,  ceded, 
or  leased  by  the  United  States,  or  the  claim  to  which  lands  by  such 
persons  has  not  been  previously  recognized  or  confirmed  by  the  United 
States,  which  possession  or  settlement  is  by  the  act  of  Congress  passed 
on  the  3d  day  of  March,  1807,  expressly  prohibited;  and 

Whereas  the  due  execution  of  the  said  act  of  Congress,  as  well  as  the 
general  interest,  requires  that  such  illegal  practices  should  be  promptly 
repressed: 

Now,  therefore,  I,  James  Madison,  President  of  the  United  States, 
have  thought  proper  to  issue  my  proclamation  commanding  and  strictly 
enjoining  all  persons  who  have  unlawfully  taken  possession  of  or  made 
any  settlement  on  the  public  lands  as  aforesaid  forthwith  to  remove 
therefrom;  and  I  do  hereby  further  command  and  enjoin  the  marshal,  or 
officer  acting  as  marshal,  in  any  State  or  Territory  where  such  possession 
shall  have  been  taken  or  settlement  made  to  remove,  from  and  after  the 
loth  day  of  March,  18 16,  all  or  any  of  the  said  unlawful  occupants;  and 
to  effect  the  said  service  I  do  hereby  authorize  the  emplojntnent  of  such 
military  force  as  may  become  necessary  in  pursuance  of  the  provisions 
of  the  act  of  Congress  aforesaid,  warning  the  offenders,  moreover,  that 
they  will  be  prosecuted  in  all  such  other  ways  as  the  law  directs. 


James  Madison  573 

In  testimony  whereof  I  have  caused  the  seal  of  the  United  States  of 
America  to  be  affixed  to  these  presents,  and  signed  the  same 
with  my  hand. 
[seal.]  Done  at  the  city  of  Washington,  the  i2th  day  of  December, 
A.  D.  18 15,  and  of  the  Independence  of  the  said  United  States 
of  America  the  fortieth.  ^^^^  MADISON. 

By  the  President: 

James  Monroe, 

Secretary  of  State, 

[From  Niles's  Weekly  Register,  vol.  lo,  p.  208.] 

By  the  President  of  the  United  States. 
A  proclamation. 

Whereas  by  the  act  entitled  "An  act  granting  bounties  in  land  and 
extra  pay  to  certain  Canadian  volunteers,"  passed  the  5th  March,  18 16, 
it  was  enacted  that  the  locations  of  the  land  warrants  of  the  said  volun- 
teers should  ' '  be  subject  to  such  regulations  as  to  priority  of  choice  and 
manner  of  location  as  the  President  of  the  United  States  shall  direct:" 

Wherefore  I,  James  Madison,  President  of  the  United  States,  in  con- 
formity with  the  provisions  of  the  act  before  recited,  do  hereby  make 
known  that  the  land  warrants  of  the  said  Canadian  volunteers  may  be 
located  agreeably  to  the  said  act  at  the  land  offices  at  Vincennes  or  Jeffer- 
sonville,  in  the  Indiana  Territory,  on  the  first  Monday  in  June  next,  with 
the  registers  of  the  said  land  offices;  that  the  warrantees  may,  in  person 
or  by  their  attorneys  or  other  legal  representatives,  in  the  presence  of  the 
register  and  receiver  of  the  said  land  district,  draw  lots  for  the  priority 
of  location;  and  that  should  any  of  the  warrants  not  appear  for  location 
on  that  day  they  may  be  located  afterwards,  according  to  their  priority 
of  presentation,  the  locations  in  the  district  of  Vincennes  to  be  made  at 
Vincennes  and  the  locations  in  the  district  of  Jeffersonville  to  be  made 
at  Jeffersonville. 

Given  under  my  hand  the  ist  day  of  May,  18 16. 

By  the  President:  JAMES  MADISON. 

JosiAH  Meigs, 

Commissiotier  of  the  General  Land  Office. 


EIGHTH  ANNUAL  MESSAGE. 

December  3,  18 16. 
Fellow- Citizens  of  the  Senate  and  of  the  House  of  Representatives: 

In  reviewing  the  present  state  of  our  country,  our  attention  can  not  be 
withheld  from  the  effect  produced  by  peculiar  seasons  which  have  very 


574  Messages  and  Papers  of  the  Presidents 

generally  impaired  tlie  annual  gifts  of  the  earth  and  threatened  scarcity 
in  particular  districts.  Such,  however,  is  the  variety  of  soils,  of  climates, 
and  of  products  within  our  extensive  limits  that  the  aggregate  resources 
for  subsistence  are  more  than  sufl&cient  for  the  aggregate  wants.  And  as 
far  as  an  economy  of  consumption,  more  than  usual,  may  be  necessary, 
our  thankfulness  is  due  to  Providence  for  what  is  far  more  than  a  com- 
pensation, in  the  remarkable  health  which  has  distinguished  the  present 
year. 

Amidst  the  advantages  which  have  succeeded  the  peace  of  Europe,  and 
that  of  the  United  States  with  Great  Britain,  in  a  general  invigoration  of 
industry  among  us  and  in  the  extension  of  our  commerce,  the  value  of 
which  is  more  and  more  disclosing  itself  to  commercial  nations,  it  is 
to  be  regretted  that  a  depression  is  experienced  by  particular  branches 
of  our  manufactures  and  by  a  portion  of  our  navigation.  As  the  first 
proceeds  in  an  essential  degree  from  an  excess  of  imported  merchandise, 
which  carries  a  check  in  its  own  tendency,  the  cause  in  its  present  extent 
can  not  be  of  very  long  duration.  The  evil  will  not,  however,  be  viewed 
by  Congress  without  a  recollection  that  manufacturing  establishments,  if 
suffered  to  sink  too  low  or  languish  too  long,  may  not  revive  after  the 
causes  shall  have  ceased,  and  that  in  the  vicissitudes  of  human  affairs 
situations  may  recur  in  which  a  dependence  on  foreign  sources  for  indis- 
pensable supplies  may  be  among  the  most  serious  embarrassments. 

The  depressed  state  of  our  navigation  is  to  be  ascribed  in  a  material 
degree  to  its  exclusion  from  the  colonial  ports  of  the  nation  most  exten- 
sively connected  with  us  in  commerce,  and  from  the  indirect  operation 
of  that  exclusion. 

Previous  to  the  late  convention  at  London  between  the  United  States 
and  Great  Britain  the  relative  state  of  the  navigation  laws  of  the  two 
countries,  growing  out  of  the  treaty  of  1794,  had  given  to  the  British 
navigation  a  material  advantage  over  the  American  in  the  intercourse 
between  the  American  ports  and  British  ports  in  Europe.  The  conven- 
tion of  London  equalized  the  laws  of  the  two  countries  relating  to  those 
ports,  leaving  the  intercourse  between  our  ports  and  the  ports  of  the 
British  colonies  subject,  as  before,  to  the  respective  regulations  of  the 
parties.  The  British  Government  enforcing  now  regulations  which  pro- 
hibit a  trade  between  its  colonies  and  the  United  States  in  American  ves- 
sels, whilst  they  permit  a  trade  in  British  vessels,  the  American  navigation 
loses  accordingly,  and  the  loss  is  augmented  by  the  advantage  which 
is  given  to  the  British  competition  over  the  American  in  the  navigation 
between  our  ports  and  British  ports  in  Europe  by  the  circuitous  voyages 
enjoyed  by  the  one  and  not  enjoyed  by  the  other. 

The  reasonableness  of  the  rule  of  reciprocity  applied  to  one  branch  of 
the  commercial  intercourse  has  been  pressed  on  our  part  as  equally  ap- 
plicable to  both  branches;  but  it  is  ascertained  that  the  British  cabinet 
decUnes  all  negotiation  on  the  subject,  with  a  disavowal,  however,  of  any 


James  Madison  575 

disposition  to  view  in  an  unfriendly  light  whatever  countervailing  regu- 
lations the  United  States  may  oppose  to  the  regulations  of  which  they 
complain.  The  wisdom  of  the  Legislature  will  decide  on  the  course 
which,  under  these  circumstances,  is  prescribed  by  a  joint  regard  to  the 
amicable  relations  between  the  two  nations  and  to  the  just  interests  of 
the  United  States. 

I  have  the  satisfaction  to  state,  generally,  that  we  remain  in  amity  with 
foreign  powers. 

An  occurrence  has  indeed  taken  place  in  the  Gulf  of  Mexico  which, 
if  sanctioned  by  the  Spanish  Government,  may  make  an  exception  as  to 
that  power.  According  to  the  report  of  our  naval  commander  on  that 
station,  one  of  our  public  armed  vessels  was  attacked  by  an  overpower- 
ing force  under  a  Spanish  commander,  and  the  American  flag,  with  the 
officers  and  crew,  insulted  in  a  manner  calling  for  prompt  reparation. 
This  has  been  demanded.  In  the  meantime  a  frigate  and  a  smaller  ves- 
sel of  war  have  been  ordered  into  that  Gulf  for  the  protection  of  our 
commerce.  It  would  be  improper  to  omit  that  the  representative  of  His 
Catholic  Majesty  in  the  United  States  lost  no  time  in  giving  the  strongest 
assurances  that  no  hostile  order  could  have  emanated  from  his  Govern- 
ment, and  that  it  will  be  as  ready  to  do  as  to  expect  whatever  the 
nature  of  the  case  and  the  friendly  relations  of  the  two  countries  shall 
be  found  to  require. 

The  posture  of  our  aifairs  with  Algiers  at  the  present  moment  is  not 
known.  The  Dey,  drawing  pretexts  from  circumstances  for  which  the 
United  States  were  not  answerable,  addressed  a  letter  to  this  Government 
declaring  the  treaty  last  concluded  with  him  to  have  been  annulled  by 
our  violation  of  it,  and  presenting  as  the  alternative  war  or  a  renewal 
of  the  former  treaty,  which  stipulated,  among  other  things,  an  annual 
tribute.  The  answer,  with  an  explicit  declaration  that  the  United  States 
preferred  war  to  tribute,  required  his  recognition  and  observance  of  the 
treaty  last  made,  which  abolishes  tribute  and  the  slavery  of  our  captured 
citizens.  The  result  of  the  answer  has  not  been  received.  Should  he 
renew  his  warfare  on  our  commerce,  we  rely  on  the  protection  it  will  find 
in  our  naval  force  actually  in  the  Mediterranean. 

With  the  other  Barbary  States  our  affairs  have  undergone  no  change. 

The  Indian  tribes  within  our  limits  appear  also  disposed  to  remain  at 
peace.  From  several  of  them  purchases  of  lands  have  been  made  par- 
ticularly favorable  to  the  wishes  and  security  of  our  frontier  settlements, 
as  well  as  to  the  general  interests  of  the  nation.  In  some  instances  the 
titles,  though  not  supported  by  due  proof,  and  clashing  those  of  one  tribe 
with  the  claims  of  another,  have  been  extinguished  by  double  purchases, 
the  benevolent  policy  of  the  United  States  preferring  the  augmented 
expense  to  the  hazard  of  doing  injustice  or  to  the  enforcement  of  justice 
against  a  feeble  and  untutored  people  by  means  invohnng  or  threatening 
an  effusion  of  blood.     I  am  happy  to  add  that  the  tranquiUity  which  has 


576  Messages  and  Papers  of  the  Presidents 

been  restored  among  the  tribes  themselves,  as  well  as  between  them  and 
our  own  population,  will  favor  the  resumption  of  the  work  of  civilization 
which  had  made  an  encouraging  progress  among  some  tribes,  and  that 
the  facility  is  increasing  for  extending  that  divided  and  individual  own- 
ership, which  exists  now  in  movable  property  only,  to  the  soil  itself, 
and  of  thus  establishing  in  the  culture  and  improvement  of  it  the  true 
foundation  for  a  transit  from  the  habits  of  the  savage  to  the  arts  and 
comforts  of  social  life. 

As  a  subject  of  the  highest  importance  to  the  national  welfare,  I  must 
again  earnestly  recommend  to  the  consideration  of  Congress  a  reorganiza- 
tion of  the  militia  on  a  plan  which  will  form  it  into  classes  according  to 
the  periods  of  life  more  or  less  adapted  to  military  services.  An  efficient 
militia  is  authorized  and  contemplated  by  the  Constitution  and  required 
by  the  spirit  and  safety  of  free  government.  The  present  organization 
of  our  militia  is  universally  regarded  as  less  efficient  than  it  ought  to  be 
made,  and  no  organization  can  be  better  calculated  to  give  to  it  its  due 
force  than  a  classification  which  will  assign  the  foremost  place  in  the 
defense  of  the  country  to  that  portion  of  its  citizens  whose  activity  and 
animation  best  enable  them  to  rally  to  its  standard.  Besides  the  con- 
sideration that  a  time  of  peace  is  the  time  when  the  change  can  be  made 
with  most  convenience  and  equity,  it  will  now  be  aided  by  the  experi- 
ence of  a  recent  war  in  which  the  militia  bore  so  interesting  a  part. 

Congress  will  call  to  mind  that  no  adequate  provision  has  yet  been 
made  for  the  uniformity  of  weights  and  measures  also  contemplated  by 
the  Constitution.  The  great  utility  of  a  standard  fixed  in  its  nature 
and  founded  on  the  easy  rule  of  decimal  proportions  is  sufficiently  obvi- 
ous. It  led  the  Government  at  an  early  stage  to  preparatory  steps  for 
introducing  it,  and  a  completion  of  the  work  will  be  a  just  title  to  the 
public  gratitude. 

The  importance  which  I  have  attached  to  the  establishment  of  a  uni- 
versity within  this  District  on  a  scale  and  for  objects  worthy  of  the  Ameri- 
can nation  induces  me  to  renew  my  recommendation  of  it  to  the  favorable 
consideration  of  Congress.  And  I  particularly  invite  again  their  atten- 
tion to  the  expediency  of  exercising  their  existing  powers,  and,  where 
necessary,  of  resorting  to  the  prescribed  mode  of  enlarging  them,  in  order 
to  effectuate  a  comprehensive  system  of  roads  and  canals,  such  as  will 
have  the  effect  of  drawing  more  closely  together  every  part  of  our  coun- 
try by  promoting  intercourse  and  improvements  and  by  increasing  the 
share  of  every  part  in  the  common  stock  of  national  prosperity. 

Occurrences  having  taken  place  which  shew  that  the  statutory  pro\'i- 
sions  for  the  dispensation  of  criminal  justice  are  deficient  in  relation  both 
to  places  and  to  persons  under  the  exclusive  cognizance  of  the  national 
authority,  an  amendment  of  the  law  embracing  such  cases  will  merit  the 
earliest  attention  of  the  Legislature.  It  will  be  a  seasonable  occasion 
also  for  inquiring  how  far  legislative  interposition  maybe  further  requi- 


James  Madison  ^JJ 

site  in  providing  penalties  for  offenses  designated  in  the  Constitution  or 
in  the  statutes,  and  to  which  either  no  penalties  are  annexed  or  none 
with  sufficient  certainty.  And  I  submit  to  the  wisdom  of  Congress 
whether  a  more  enlarged  revisal  of  the  criminal  code  be  not  expedient  for 
the  purpose  of  mitigating  in  certain  cases  penalties  which  were  adopted 
into  it  antecedent  to  experiment  and  examples  which  justify  and  recom- 
mend a  more  lenient  policy. 

The  United  States,  having  been  the  first  to  abolish  within  the  extent 
of  their  authority  the  transportation  of  the  natives  of  Africa  into  slavery, 
by  prohibiting  the  introduction  of  slaves  and  by  punishing  their  citizens 
participating  in  the  trafl&c,  can  not  but  be  gratified  at  the  progress  made 
by  concurrent  efforts  of  other  nations  toward  a  general  suppression  of  so 
great  an  evil.  They  nuist  feel  at  the  same  time  the  greater  solicitude  to 
give  the  fullest  efficacy  to  their  own  regulations.  With  that  view,  the 
interposition  of  Congress  appears  to  be  required  by  the  violations  and 
evasions  which  it  is  suggested  are  chargeable  on  unworthy  citizens  who 
mingle  in  the  slave  trade  under  foreign  flags  and  with  foreign  ports, 
and  by  collusive  importations  of  slaves  into  the  United  States  through 
adjoining  ports  and  territories.  I  present  the  subject  to  Congress  with 
a  full  assurance  of  their  disposition  to  apply  all  the  remedy  which  can 
be  afforded  by  an  amendment  of  the  law.  The  regulations  which  were 
intended  to  guard  against  abuses  of  a  kindred  character  in  the  trade 
between  the  several  States  ought  also  to  be  rendered  more  effectual  for 
their  humane  object. 

To  these  recommendations  I  add,  for  th'e  consideration  of  Congresg, 
the  expediency  of  a  remodification  of  the  judiciary  establishment,  and  of 
an  additional  department  in  the  executive  branch  of  the  Government. 

The  finst  is  called  for  by  the  accruing  business  which  necessarily 
swells  the  duties  of  the  Federal  courts,  and  by  the  great  and  widening 
space  within  which  ju.stice  is  to  be  dispensed  by  them.  The  time  seems 
to  have  arrived  which  claims  for  members  of  the  Supreme  Court  a  relief 
from  itinerary  fatigues,  incompatible  as  well  with  the  age  which  a  por- 
tion of  them  will  always  have  attained  as  with  the  researches  and  prep- 
arations which  are  due  to  their  stations  and  to  the  juridical  reputation 
of  their  country.  And  considerations  equally  cogent  require  a  more  con- 
venient organization  of  the  subordinate  tribunals,  which  may  be  accom- 
plished without  an  objectionable  increase  of  the  number  or  expense  of  the 
judges. 

The  extent  and  variety  of  executive  business  also  accumulating  with 
the  progress  of  our  country  and  its  growing  population  call  for  an  addi- 
tional department,  to  be  charged  with  duties  now  overburdening  other 
departments  and  with  such  as  have  not  been  annexed  to  any  department. 

The  course  of  experience  recommends,  as  another  improvement  in  the 
executive  establishment,  that  the  provision  for  the  station  of  Attorney- 
General,  whose  residence  at  the  seat  of  Government,  official  connections 
M  P — vol.  I — 37 


578  Messages  and  Papers  of  the  Presidents 

with  it,  and  the  management  of  the  pubhc  business  before  the  judiciary 
preclude  an  extensive  participation  in  professional  emoluments,  be  made 
more  adequate  to  his  services  and  his  relinquishments,  and  that,  with  a 
view  to  his  reasonable  accommodation  and  to  a  proper  depository  of  his 
official  opinions  and  proceedings,  there  be  included  in  the  provision  the 
usual  appurtenances  to  a  public  office. 

In  directing  the  legislative  attention  to  the  state  of  the  finances  it  is  a 
subject  of  great  gratification  to  find  that  even  within  the  short  period 
which  has  elapsed  since  the  return  of  peace  the  revenue  has  far  exceeded 
all  the  current  demands  upon  the  Treasury,  and  that  under  any  prob- 
able diminution  of  its  future  annual  products  which  the  vicissitudes  of 
commerce  may  occasion  it  will  afford  an  ample  fund  for  the  effectual 
and  early  extinguishment  of  the  public  debt.  It  has  been  estimated 
that  during  the  year  1816  the  actual  receipts  of  revenue  at  the  Treasury, 
including  the  balance  at  the  commencement  of  the  3'ear,  and  excluding 
the  proceeds  of  loans  and  Treasury  notes,  will  amount  to  about  the  sum 
of  $47,000,000;  that  during  the  same  year  the  actual  payments  at  the 
Treasury',  including  the  payment  of  the  arrearages  of  the  War  Depart- 
ment as  well  as  the  payment  of  a  considerable  excess  l^eyond  the  annual 
appropriations,  will  amount  to  about  the  sum  of  $38,000,000,  and  that 
consequently  at  the  close  of  the  year  there  will  be  a  surplus  in  the  Treas- 
ury of  about  the  sum  of  $9,000,000. 

The  operations  of  the  Treasury  continued  to  be  obstructed  by  difficul- 
ties arising  from  the  condition  of  the  national  currency,  but  they  have 
nevertheless  been  effectual  to  a  beneficial  extent  in  the  reduction  of  the 
public  debt  and  the  establishment  of  the  public  credit.  The  floating 
debt  of  Treasury  notes  and  temporarj^  loans  will  soon  be  entirely  dis- 
charged. The  aggregate  of  the  funded  debt,  composed  of  debts  incurred 
during  the  wars  of  1776  and  18 12,  has  been  estimated  with  reference  to 
the  ist  of  January  next  at  a  sum  not  exceeding  $1 10,000,000.  The  ordi- 
nary' annual  expenses  of  the  Government  for  the  maintenance  of  all  its 
institutions,  civil,  military,  and  naval,  have  been  estimated  at  a  sum  less 
than  $20,000,000,  and  the  permanent  revenue  to  be  derived  from  all  the 
existing  sources  has  been  estimated  at  a  sum  of  about  $25,000,000. 

Upon  this  general  view  of  the  subject  it  is  obvious  that  there  is  only 
wanting  to  the  fiscal  prosperity  of  the  Government  the  restoration  of  an 
uniform  medium  of  exchange.  The  resources  and  the  faith  of  the  nation, 
displayed  in  the  s>'stem  which  Congress  has  established,  insure  respect 
and  confidence  Ixjth  at  home  and  abroad.  The  local  accumulations  of 
the  revenue  have  already  enabled  the  Treasury  to  meet  the  public  engage- 
ments in  the  local  currency  of  most  of  the  States,  and  it  is  expected  that 
the  same  cause  will  produce  the  .same  effect  throughout  the  Union;  but 
for  the  interests  of  the  connnunity  at  large,  as  well  as  for  the  purposes 
of  the  Treasury,  it  is  essential  that  the  nation  .should  possess  a  currency 
of  equal  value,  credit,  and  use  wherever  it  may  circulate.    The  Constitu- 


James  Madison  579 

tion  has  intrusted  Congress  exclusively  with  the  power  of  creating  and 
regulating  a  currency  of  that  description,  and  the  measures  which  were 
taken  during  the  last  session  in  execution  of  the  power  give  every  promise 
of  success.  The  Bank  of  the  United  States  has  been  organized  under 
auspices  the  most  favorable,  and  can  not  fail  to  be  an  important  auxiliary 
to  those  measures. 

For  a  more  enlarged  view  of  the  public  finances,  with  a  view  of  the 
measures  punsued  by  the  Treasury  Department  previous  to  the  resigna- 
tion of  the  late  Secretary,  I  transmit  an  extract  from  the  last  report  of 
that  officer.  Congress  will  perceive  in  it  ample  proofs  of  the  solid  foun- 
dation on  which  the  financial  prosperity  of  the  nation  rests,  and  will  do 
justice  to  the  distinguished  ability  and  successful  exertions  with  which 
the  duties  of  the  Department  were  executed  during  a  period  remarkable 
for  its  difficulties  and  its  peculiar  perplexities. 

The  period  of  my  retiring  from  the  public  vSer\'ice  being  at  little  dis- 
tance, I  shall  find  no  occasion  more  proper  than  the  present  for  express- 
ing to  my  fellow-citizens  my  deep  sense  of  the  continued  confidence  and 
kind  supjxjrt  which  I  have  received  from  them.  My  grateful  recollection 
of  these  distinguished  marks  of  their  favorable  regard  can  never  cease, 
and  with  the  consciousness  that,  if  I  have  not  served  my  country  with 
greater  ability,  I  have  served  it  with  a  sincere  devotion  will  accompany 
me  as  a  source  of  unfailing  gratification. 

Happily,  I  shall  carry  with  me  from  the  public  theater  other  sources, 
which  those  who  love  their  country  most  will  be.st  appreciate.  I  shall 
behold  it  blessed  with  tranquillity  and  prosperity  at  home  and  with  peace 
and  respect  abroad.  I  can  indulge  the  proud  reflection  that  the  Ameri- 
can people  have  reached  in  safety  and  success  their  fortieth  jear  as  an 
independent  nation;  that  for  nearly  an  entire  generation  they  have  had 
experience  of  their  present  Constitution,  the  offspring  of  their  undis- 
turbed delilx:rations  and  of  their  free  choice;  that  they  have  found  it  to 
bear  the  trials  of  adverse  as  well  as  prosperous  circumstances;  to  contain 
in  its  combination  of  the  federate  and  elective  principles  a  reconcile- 
ment of  public  strength  with  individual  liberty,  of  national  power  for 
the  defense  of  national  rights  with  a  security  against  wars  of  injustice, 
of  ambition,  and  of  vainglory  in  the  fundamental  provision  which  sub- 
jects all  questions  of  war  to  the  will  of  the  nation  itself,  which  is  to  pay 
its  costs  and  feel  its  calamities.  Nor  is  it  less  a  peculiar  felicity  of  this 
Constitution,  so  dear  to  us  all,  that  it  is  found  to  be  capable,  without  los- 
ing its  vital  energies,  of  expanding  itself  over  a  .spacious  territory'-  with 
the  increase  and  expansion  of  the  community  for  whose  benefit  it  was 
established. 

And  may  I  not  be  allowed  to  add  to  this  gratifying  spectacle  that  I 
shall  read  in  the  character  of  the  American  people,  in  their  devotion  to 
true  liberty  and  to  the  Constitution  which  is  its  palladium,  sure  pre- 
sages that  the  destined  career  of  my  country  will  exhibit  a  Government 


580  Messages  and  Papers  of  the  Presidents 

pursuing  the  public  good  as  its  sole  object,  and  regulating  its  means  by 
the  great  principles  consecrated  in  its  charter  and  by  those  moral  princi- 
ples to  which  they  are  so  well  allied;  a  Government  which  watches  over 
the  purity  of  elections,  the  freedom  of  speech  and  of  the  press,  the  trial 
by  jury,  and  the  equal  interdict  against  encroachments  and  compacts 
between  religion  and  the  state;  which  maintains  inviolably  the  maxims 
of  public  faith,  the  security  of  persons  and  property,  and  encourages  in 
every  authorized  mode  that  general  diffusion  of  knowledge  which  guar- 
antees to  public  liberty  its  permanency  and  to  those  who  possess  the 
blessing  the  true  enjoyment  of  it;  a  Government  which  avoids  intrusions 
on  the  internal  repose  of  other  nations,  and  repels  them  from  its  own; 
which  does  justice  to  all  nations  with  a  readiness  equal  to  the  firmness 
with  which  it  requires  justice  from  them;  and  which,  whilst  it  refines  its 
domestic  code  from  every  ingredient  not  congenial  with  the  precepts  of 
an  enlightened  age  and  the  sentiments  of  a  virtuous  people,  seeks  by 
appeals  to  reason  and  by  its  liberal  examples  to  infuse  into  the  law  which 
governs  the  civilized  world  a  spirit  which  may  diminish  the  frequency  or 
circumscribe  the  calamities  of  war,  and  meliorate  the  social  and  benefi- 
cent relations  of  peace;  a  Government,  in  a  word,  whose  conduct  within 
and  without  may  bespeak  the  most  noble  of  all  ambitions — that  of  pro- 
moting peace  on  earth  and  good  will  to  man. 

These  contemplations,  sweetening  the  remnant  of  my  days,  will  ani- 
mate my  prayers  for  the  happiness  of  my  beloved  country,  and  a  perpe- 
tuity of  the  institutions  under  which  it  is  enjoyed. 

JAMES  MADISON. 


SPECIAL  MESSAGES. 

December  6,  18 16. 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

The  ninth  section  of  the  act  passed  at  the  last  session  of  Congress  ' '  to 
authorize  the  payment  for  property  lost,  captured,  or  destroyed  by  the 
enemy  while  in  the  military  service  of  the  United  States,  and  for  other 
purposes, ' '  having  received  a  construction  giving  to  it  a  scope  of  great  and 
uncertain  extent,  I  thought  it  proper  that  proceedings  relative  to  claims 
under  that  part  of  the  act  should  be  suspended  until  Congress  should 
have  an  opportunity  of  defining  more  precisely  the  cases  contemplated 
by  them.  With  that  view  I  now  recommend  the  subject  to  their  con- 
sideration. They  will  have  an  opportunity  at  the  same  time  of  consid- 
ering how  far  other  provisions  of  the  act  may  be  rendered  more  clear 

and  precise  in  their  import. 

JAMES  MADISON. 


James  Madison  581 

December  10,  1816. 
To  the  Senate  of  the  United  States: 

I  lay  before  the  Senate,  for  their  consideration  and  advice  as  to  a  rati- 
fication, treaties  conchided  with  the  several  Indian  tribes  according  to 
the  following  statement: 

A  UST  OF  INDIAN  TRIBES  WITH  WHOM  TREATIES  HAVE  BEEN  MADE  SINCE  THE 
I,AST  SESSION  OF  CONGRESS. 

Weas  and  Kickapoos  tribes  of  Indians. — Treaty  concluded  at  Fort  Harrison  between 
Benjamin  Parke  and  the  chiefs  and  headmen  of  those  tribes  the  4th  June,  1816. 

Oitawas,  Chippcwas,  and  Pottowotomecs. — Treaty  concluded  at  St.  I^ouis  between 
Governors  Clarke,  Edwards,  and  Colonel  Choteau  and  the  chiefs  and  headmen  of 
those  tribes  on  the  24th  August,  1816. 

Winnebago  tribes. — Made  by  the  same  persons  on  part  United  States  and  the 
headmen  of  this  tribe  at  St.  Louis  3d  June,  1816. 

Sacfis  of  Rock  River. — Made  by  same  at  St.  Louis  13th  May,  1816. 

Siouxs  composing  three  tribes,  the  Siouxs  of  the  Leaf,  the  Siouxs  of  the  Broad 
Leaf,  and  the  Siouxs  who  Shoot  on  the  Pine-tops. — Made  and  concluded  by  the 
same  at  St.  Louis  ist  June,  181 6. 

Chickasaw  tribe. — Treaty  made  by  General  Jackson,  David  Merrewether,  esq.,  and 
Jesse  P^ranklin,  esq.,  and  the  headmen  of  that  nation  at  Chickasaw  council  house 
20th  September,  181 6. 

Cherokee  tribe. — Treaty  made  by  General  Jackson,  David  Merrewether,  esq.,  and 
Jesse  Franklin,  esq.,  and  the  headmen  of  that  nation  at  Turkey  Town  on  the  4th 
October,  1816. 

Choctaw  tribe. — Treaty  made  by  General  John  Coffee,  John  Rhea,  and  John  McKee, 
esquires,  and  the  headmen  and  warriors  of  that  nation  at  the  Choctaw  trading  house 
on  the  24th  of  October,  1816. 

JAMES  MADISON. 

December  13,  18 16. 
To  the  Senate  of  the  United  States: 

A  treaty  of  commerce  between  the  United  States  and  the  King  of 
Sweden  and  Norway  having  been  concluded  and  signed  on  the  4tli  day 
of  September  last  by  their  plenipotentiaries,  I  lay  the  same  before  the 
Senate  for  their  consideration  and  advice  as  to  a  ratification. 

JAMES  MADISON. 

December  21,  18 16. 

To  the  House  of  Representatives  of  the  United  States: 

In  compliance  with  the  resolution  of  the  Hou.se  of  Representatives  of 

the  6th  instant,  I  transmit  to  them  the  proceedings  of  the  commissioner 

appointed  under  the  act  ' '  to  authorize  the  payment  for  property  lost, 

captured,  or  destroyed  by  the  enemy  while  in  the  military-  ser\nce  of  the 

United  States,  and  for  other  purposes, ' '  as  reported  by  the  commissioner 

to  the  Department  of  War. 

JAMES  MADISON. 


582  Messages  and  Papers  of  the  l^esidents 

December  26,  18 16. 
To  the  Senate  and  House  of  Representatives  of  the  United  States:     ■'' 

It  is  found  that  the  existing  laws  have  not  the  efficacy  necessary 
to  prevent  \nolations  of  the  obUgations  of  the  United  States  as  a  nation 
at  peace  toward  belUgerent  parties  and  other  unlawful  acts  on  the 
high  seas  by  armed  vessels  equipped  within  the  waters  of  the  United 
States, 

With  a  view  to  maintain  more  effectually  the  respect  due  to  the  laws, 
to  the  character,  and  to  the  neutral  and  pacific  relations  of  the  United 
States,  I  recommend  to  the  consideration  of  Congress  the  expediency 
of  such  further  legislative  provisions  as  may  be  requisite  for  detaining 
vessels  actually  equipped,  or  in  a  course  of  equipment,  with  a  warlike 
force  within  the  jurisdiction  of  the  United  States,  or,  as  the  case  may  be, 
for  obtaining  from  the  owners  or  commanders  of  such  vessels  adequate 
securities  against  the  abuse  of  their  armaments,  with  the  exceptions 
in  such  provisions  proper  for  the  cases  of  merchant  vessels  furnished 
with  the  defensive  armaments  usual  on  distant  and  dangerous  expe- 
ditions, and  of  a  private  commerce  in  military  stores  permitted  by  our 
laws,  and  which  the  law  of  nations  does  not  require  the  United  States 
to  prohibit. 

JAMES  MADISON. 


January  25,  18 17. 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

I  lay  before  Congress  copies  of  ratified  treaties  between  the  United 
States  and  the  following  Indian  tribes: 

First.  The  Wea  and  Kickapoo. 

Second.  The  united  tribes  of  Ottawas,  Chippawas,  and  Potowotomies 
residing  on  the  Illinois  and  Melwakee  rivers  and  their  waters  and  on  the 
southwestern  parts  of  Lake  Michigan. 

Third.  That  portion  of  the  Winnebago  tribe  or  nation  residing  on  the 
Ouisconsin  River. 

Fourth.  The  Sacs  of  Rock  River  and  the  adjacent  country. 

Fifth.  Eight  bands  of  the  Siouxs,  composing  the  three  tribes  called 
the  Siouxs  of  the  Leaf,  the  Siouxs  of  the  Broad  Leaf,  and  the  Siouxs 
who  Shoot  in  the  Pine  Tops. 

Sixth.  The  Chickasaw  tribe  of  Indians. 

Seventh.  The  Cherokee  tribe  of  Indians. 

Eighth.  The  Chactaw  tribe  of  Indians. 

Congress  will  take  into  consideration  how  far  legi.slative  pro\n.sions 
may  be  neces.sary  for  carrying  into  effect  stipulations  contained  in  the 
said  treaties. 

JAMES  MADISON. 


James  Madison  '  583 

January  31,  1817. 
To  the  Sejiate  and  House  of  Representatives  0/  the  United  States: 

The  envoy  extraordinary  and  minister  plenipotentiary  of  His  Most 
Christian  Majesty  having  renewed,  under  special  instructions  from  his 
Government,  the  claim  of  the  representative  of  Baron  de  Beaumarchais 
for  1,000,000  livres,  which  were  debited  to  him  in  the  settlement  of  his 
accounts  with  the  United  States,  I  lay  before  Congress  copies  of  the 
memoir  on  that  subject  addressed  by  the  said  envoy  to  the  Secretary  of 
State. 

Considering  that  the  sum  of  which  the  million  of  li\Tes  in  question 
made  a  part  was  a  gratuitous  grant  from  the  French  Government  to  the 
United  States,  and  the  declaration  of  that  Government  that  that  part 
of  the  grant  was  put  into  the  hands  of  M.  de  Beaumarchais  as  its  agent, 
not  as  the  agent  of  the  United  States,  and  was  duly  accounted  for  by  him 
to  the  French  Government;  considering  also  the  concurring  opinions  of 
two  Attorneys- General  of  the  United  States  that  the  said  debit  was  not 
legally  sustainable  in  behalf  of  the  United  States,  I  recommend  the  case 
to  the  favorable  attention  of  the  Legislature,  whose  authority  alone  can 
finally  decide  on  it.  ^^^^  MADISON. 

February  3,  181 7. 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

The  Government  of  Great  Britain,  induced  by  the  posture  of  the  rela- 
tions with  the  United  States  which  succeeded  the  conclusion  of  the 
recent  commercial  convention,  issued  an  order  on  the  17th  day  of  August, 
1815,  discontinuing  the  discriminating  duties  payable  in  British  ports 
on  American  vessels  and  their  cargoes.  It  was  not  until  the  2  2d  of  De- 
cember following  that  a  corresponding  discontinuance  of  discriminating 
duties  on  British  vessels  and  their  cargoes  in  American  ports  took  effect 
under  the  authority  vested  in  the  Executive  by  the  act  of  March,  18 16. 
During  the  period  between  those  two  dates  there  was  consequently  a 
failure  of  reciprocity  or  equalit}-  in  the  existing  regulations  of  the  two 
countries.  I  recommend  to  the  consideration  of  Congress  the  exjx^diency 
of  paying  to  the  British  Government  the  amount  of  the  duties  remitted 
during  the  period  in  question  to  citizens  of  the  United  States,  subject  to 
a  deduction  of  the  amount  of  whatever  discriminating  duties  may  have 
commenced  in  British  ports  after  the  signature  of  that  convention  and 
been  collected  previous  to  the  17th  of  August,  18 15. 

JAMES  MADISON. 

February  6,  1817. 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 

On  comparing  the  fourth  section  of  the  act  of  Congress  passed  March 
31,  18 14,  providing  for  the  indemnification  of  certain  claimants  of  public 


584  Messages  and  Papers  of  the  Presidents 

lands  in  the  Mississippi  Territor>%  with  the  article  of  agreement  and 
cession  between  the  United  States  and  State  of  Georgia,  bearing  date 
April  30,  1802,  it  appears  that  the  engagements  entered  into  with  the 
claimants  interfere  with  the  rights  and  interests  secured  to  that  State. 
I  recommend  to  Congress  that  provision  be  made  by  law  for  payments 
to  the  State  of  Georgia  equal  to  the  amount  of  Mississippi  stock  which 
shall  be  paid  into  the  Treasury  until  the  stipulated  sum  of  $1,250,000 
shall  be  completed. 

JAMES  MADISON. 


VETO  MESSAGE. 

March  3,  1817. 
To  the  House  of  Representatives  of  the  United  States: 

Having  considered  the  bill  this  day  presented  to  me  entitled  "An  act 
to  .set  apart  and  pledge  certain  funds  for  internal  improvements,"  and 
which  sets  apart  and  pledges  funds  ' '  for  constructing  roads  and  canals, 
and  improving  the  navigation  of  water  courses,  in  order  to  facilitate,  pro- 
mote, and  give  security  to  internal  commerce  among  the  several  States, 
and  to  render  more  easy  and  less  expensive  the  means  and  pro\nsions 
for  the  common  defense,"  I  am  constrained  by  the  insuperable  difl&culty 
I  feel  in  reconciling  the  bill  with  the  Constitution  of  the  United  States 
to  return  it  with  that  objection  to  the  House  of  Representatives,  in  which 
it  originated. 

The  legislative  powers  vested  in  Congress  are  specified  and  enumerated 
in  the  eighth  section  of  the  first  article  of  the  Constitution,  and  it  does 
not  appear  that  the  power  proposed  to  be  exercised  by  the  bill  is  among 
the  enumerated  powers,  or  that  it  falls  by  any  just  interpretation  within 
the  power  to  make  laws  necessary  and  proper  for  carrying  into  execution 
those  or  other  powers  vested  by  the  Constitution  in  the  Government  of 
the  United  States. 

' '  The  power  to  regulate  commerce  among  the  several  States ' '  can  not 
include  a  power  to  construct  roads  and  canals,  and  to  improve  the  navi- 
gation of  water  courses  in  order  to  facilitate,  promote,  and  secure  such  a 
commerce  without  a  latitude  of  construction  departing  from  the  ordinaiy 
import  of  the  tenns  strengthened  by  the  known  inconveniences  which 
doubtless  led  to  the  grant  of  this  remedial  power  to  Congress. 

To  refer  the  power  in  question  to  the  clause  "to  provide  for  the  com- 
mon defense  and  general  welfare' '  would  be  contrary  to  the  established 
and  consistent  rules  of  interpretation,  as  rendering  the  special  and  careful 
enumeration  of  powers  which  follow  the  clause  nugatory  and  improper. 


James  Madison  585 

Such  a  view  of  the  Constitution  would  have  the  effect  of  giving  to  Con- 
gress a  general  power  of  legislation  instead  of  the  defined  and  limited  one 
hitherto  understood  to  belong  to  them,  the  terms  "common  defense  and 
general  welfare"  embracing  ever>'  object  and  act  within  the  purview  of 
a  legislative  trust.  It  would  have  the  effect  of  subjecting  both  the  Con- 
stitution and  laws  of  the  several  States  in  all  cases  not  specifically  ex- 
empted to  be  sujjerseded  by  laws  of  Congress,  it  being  expressly  declared 
' '  that  the  Constitution  of  the  United  States  and  laws  made  in  pursuance 
thereof  shall  be  the  supreme  law  of  the  land,  and  the  judges  of  every 
State  shall  be  bound  thereby,  anything  in  the  constitution  or  laws  of  any 
State  to  the  contrary  notwithstanding."  Such  a  view  of  the  Constitu- 
tion, finally,  would  have  the  effect  of  excluding  the  judicial  authority 
of  the  United  States  from  its  participation  in  guarding  the  Ixmndary  be- 
tween the  legislative  powers  of  the  General  and  the  State  Governments, 
inasmuch  as  questions  relating  to  the  general  welfare,  being  questions 
of  policy  and  expediency,  are  unsusceptible  of  judicial  cognizance  and 
decision. 

A  restriction  of  the  power  ' '  to  provide  for  the  common  defense  and 
general  welfare ' '  to  cases  which  are  to  be  provided  for  by  the  expendi- 
ture of  money  would  still  leave  within  the  legislative  power  of  Congress 
all  the  great  and  most  important  measures  of  Government,  money  being 
the  ordinary  and  necessary  means  of  carrying  them  into  execution. 

If  a  general  power  to  construct  roads  and  canals,  and  to  improve  the 
navigation  of  water  courses,  with  the  train  of  powers  incident  thereto,  be 
not  possessed  by  Congress,  the  assent  of  the  States  in  the  mode  provided 
in  the  bill  can  not  confer  the  power.  The  only  cases  in  which  the  con- 
sent and  cession  of  particular  States  can  extend  the  power  of  Congress 
are  those  specified  and  provided  for  in  the  Constitution. 

I  am  not  unaware  of  the  great  importance  of  roads  and  canals  and  the 
improved  navigation  of  water  courses,  and  that  a  power  in  the  National 
IvCgislature  to  provide  for  them  might  be  exercised  with  signal  advantage 
to  the  general  prosperity.  But  seeing  that  such  a  power  is  not  expressly 
given  by  the  Constitution,  and  believing  that  it  can  not  be  deduced  from 
any  part  of  it  without  an  inadmissible  latitude  of  con.struction  and  a 
reliance  on  insufficient  precedents;  believing  also  that  the  permanent 
success  of  the  Constitution  depends  on  a  definite  partition  of  powers 
between  the  General  and  the  State  Governments,  and  that  no  adequate 
landmarks  would  be  left  by  the  constructiv'e  extension  of  the  powers  of 
Congress  as  proposed  in  the  bill,  I  have  no  option  but  to  withhold  my 
signature  from  it,  and  to  cherishing  the  hope  that  its  beneficial  objects 
may  be  attained  by  a  resort  for  the  necessary  powers  to  the  same  wisdom 
and  virtue  in  the  nation  which  established  the  Constitution  in  its  actual 
form  and  providently  marked  out  in  the  instrument  itself  a  safe  and 
practicable  mode  of  improving  it  as  experience  might  suggest. 

JAMES  MADISON. 


586  Messages  and  Papers  of  the  Presidents 

PROCLAMATION. 

[From  Annals  of  Congress,  Fourteenth  Congress,  second  session,  218.] 

Washington,  January  i,  i8iy. 
To  the  Senators  of  the  U?iited  States,  respectively . 

Sir:  Objects  interesting  to  the  United  States  requiring  that  the  Senate 
shoukl  be  in  session  on  the  4th  of  March  next  to  receive  such  communi- 
cations as  may  be  made  to  it  on  the  part  of  the  Executive,  your  attend- 
ance in  the  Senate  Chamber  in  this  city  on  that  day  is  accordingly 
requested. 

JAMES  MADISON. 


ERRATA. 

[These  proclamations  were  not  found  in  time  for  insertion  in  their  proper  places; 
see  pp.  99  and  178.] 

PROCLAMATION. 

Philadelphia,  March  /,  1791. 
The  President  of  the  United  States  to  the  President  of  the  Senate: 

Certain  matters  touching  the  pubhc  good  requiring  that  the  Senate 
shall  be  convened  on  Friday,  the  4th  instant,  I  have  desired  their  at- 
tendance, as  I  do  yours,  by  these  presents,  at  the  Senate  Chamber  in 
Philadelphia  on  that  day,  then  and  there  to  receive  and  deliberate  on 
such  communications  as  shall  be  made  to  you  on  my  part. 

GO  WASHINGTON. 


PROCLAMATION. 

United  States,  March  j,  1795. 
The  Prcsidc7it  of  the  United  States  to ,  Seyiator  for  the  State  of ." 

Certain  matters  touching  the  public  good  requiring  that  the  Senate 
shall  be  convened  on  Monday,  the  8th  of  June  next,  you  are  desired  to 
attend  the  Senate  Chamber  in  Philadelphia  on  that  day,  then  and  there 
to  receive  and  deliberate  on  such  conniuuiications  as  shall  be  made  to  you 
on  my  part. 

G9  WASHINGTON. 

587 


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